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 general and operations manager in the luxury goods sector, sought to continue working in a similar managerial role in the United States, a position comparable to one she already held.
Field: business and marketing management (luxury goods) · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO discounted the educational evaluation claiming a foreign master's degree equivalency, finding the underlying certificate only permitted teaching art and did not confer an academic degree; remanded for Director to determine bachelor's equivalency plus five years progressive experience or exceptional ability eligibility.
How the evidence was treated
- degree · discounted
“we will discount the evaluation as evidence of the Petitioner's eligibility as a member of the professions holding an advanced degree”
AAO decision text
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Notable
AAO withdrew the Director's threshold EB-2 finding (that Petitioner 'meets the education requirements') based on a foreign credential equivalency analysis using AACRAO EDGE, discounting an educational evaluator's opinion as 'highly questionable.' AAO remanded without reaching the NIW prongs but instructed the Director that employment history/inconsistencies belong in prong 2, not prong 1, of the Dhanasar analysis.
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. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
- Section 291 of the Act
What this case teaches
Analyst reading of the decision text.
AAO found Petitioner failed to establish underlying EB-2 eligibility (advanced degree equivalency was unsupported/contradicted by EDGE), requiring remand before any NIW prong analysis could proceed.
Verify foreign credential equivalency against reliable databases like EDGE before relying on a paid evaluator's conclusion, and keep prong-1 national importance analysis separate from prong-2 personal/employment history issues.
vague
person_focused
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