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 decision does not substantively describe the Petitioner's proposed endeavor, as the case turned entirely on whether he qualified for the underlying EB-2 classification.
EB-2 threshold — not met
The Petitioner failed to establish, more likely than not, that his foreign credential is the equivalent of a U.S. bachelor's degree, based on unsigned and conclusory credential evaluations; his exceptional-ability eligibility claim was also deemed waived on motion.
How the evidence was treated
- degree · discounted
“the evaluation provides little support to inform our analysis regarding whether the Petitioner holds the requisite degree”
AAO decision text - motion resubmission · discounted
“does not offer any analytical roadmap that lays out the basis for the evaluator's opinions”
AAO decision text
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Notable
The AAO never reached the national interest waiver prongs because the threshold EB-2 classification (foreign degree equivalency) was not established on either motion, rendering the NIW issue moot; the Petitioner's exceptional-ability eligibility claim was deemed waived for not being contested on motion. Two successive unsigned, conclusory credential evaluations (one equating the degree to a Canadian rather than U.S. bachelor's degree) were both discounted as lacking an analytical roadmap.
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. 103.5
- Matter of Ho
- Matter of L-A-C-
- Matter of R-A-M-
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp