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 human resources specialist, sought EB-2 classification with a national interest waiver; the decision addresses only her threshold eligibility as an advanced degree professional and does not describe her proposed endeavor.
Field: human resources · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish five years of progressive post-baccalaureate experience in the specialty due to unresolved discrepancies in her employment history and insufficient evidence of unavailability of primary/secondary documentation.
How the evidence was treated
- resume experience · discounted
“there was no prior mention of this position on the Petitioner's resume, the Form ETA-750B, or in any of her statements”
AAO decision text - motion resubmission · discounted
“the affidavits do not establish the unavailability of both primary and secondary evidence”
AAO decision text - other · discounted
“a petitioner must resolve discrepancies in the record with independent, objective evidence pointing to where the truth lies”
AAO decision text
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Notable
This is a third motion to reconsider addressing only the threshold advanced-degree professional eligibility (five years progressive experience) following prior dismissals of the appeal and two earlier motions; the AAO never reached the NIW prongs, as the petition failed at the threshold stage on both prior review and this motion.
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(a)(1)(i)
- 8 C.F.R. 103.5(a)(1)(ii)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- 8 C.F.R. 204.5(k)(2)
- Matter of Ho
Cases in adjacent profiles
- The Petitioner, a mechanical engineer, proposed to advance thermal management solutions for high-power, compact, and rel
- The Petitioner, a senior engineering program manager specializing in electromechanical systems, proposed to advance moto
- The Petitioner proposed to provide innovative solutions to optimize freight and vessel operations in the U.S. shipping i
- The Petitioner, a sales manager, proposed an endeavor in the United States for which he sought an EB-2 national interest
- The Petitioner proposed to lead a nationwide initiative to develop and implement a standardized materials management mod