This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner, a marketing specialist, sought EB-2 classification with a national interest waiver, though her proposed endeavor was not substantively discussed because the case was resolved on threshold eligibility grounds.
Field: marketing · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish a single foreign degree equivalent to a U.S. baccalaureate degree, and even under the alternative theology degree, lacked five years of progressive post-baccalaureate experience by the filing date.
How the evidence was treated
- degree · discounted
“This credential evaluation does not indicate that the Petitioner has a single degree that is the "foreign equivalent degree" to a U.S. baccalaureate degree.”
AAO decision text - resume experience · discounted
“the Petitioner has not demonstrated at least five years of progressive post-baccalaureate experience in her specialty at the time of filing”
AAO decision text
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Notable
Case resolved entirely on threshold EB-2 advanced-degree eligibility (failure to show a single foreign equivalent baccalaureate degree plus five years progressive experience); AAO expressly declined to reach any Dhanasar prong, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that adjudicators need not decide unnecessary issues. Petitioner also deemed to have abandoned any exceptional-ability claim by not raising it on appeal.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.2(b)(1)
- 8 C.F.R. 204.5(k)(2)
- Matter of L-A-C-
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- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
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