dismissedSEP072021_01B52032021-09-07 · appeal · Nebraska Service Center

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, who ran his own IT company, sought EB-2 classification and a national interest waiver based on his work in computer engineering/IT, without having completed a bachelor's degree.

Field: computer engineering / IT · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner did not possess a foreign equivalent baccalaureate degree or advanced degree, and did not submit employer letters showing five years of progressive post-baccalaureate experience in the specialty; he admitted he never completed his degree.

How the evidence was treated

degree · discounted
“there is no documentation of your bachelor's degree. The only educational documentation is the professional certificates.”
AAO decision text
certification membership · discounted
“while this [is] the belief of the [Petitioner] it is not documentary evidence that shows possession of an advanced degree.”
AAO decision text
resume experience · discounted

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Notable

AAO did not reach the NIW Dhanasar prongs at all, resolving the case entirely on threshold EB-2 eligibility (failure to establish an advanced degree or five years of progressive experience). Petitioner's philosophical statements that 'a diploma does not define someone's ability' were rejected as not constituting documentary evidence of a degree.

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)
INA 203(b)(2)
Matter of L-A-C-

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