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 describe the specific endeavor, as the AAO resolved the case entirely on threshold EB-2 classification grounds without reaching the national interest waiver analysis.
Field: business administration · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner failed to establish either advanced degree professional status (lacked a foreign equivalent baccalaureate degree, relying instead on a combination of coursework and work experience) or exceptional ability (failed to meet three of six regulatory criteria, including lacking an official academic record/degree).
How the evidence was treated
- degree · discounted
“the result is the "equivalent" of a degree rather than a "foreign equivalent degree."”
AAO decision text - resume experience · discounted
“The plain language of the regulation, however, does not include "professional experience" or "expert letters" as evidence”
AAO decision text - recommendation letter · discounted
“The plain language of the regulation, however, does not include "professional experience" or "expert letters" as evidence”
AAO decision text - certification membership · discounted
“the Petitioner failed to establish that the "training certificates," "certificates of achievement," and "course certificate" are official academic records.”
AAO decision text
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Notable
AAO resolved the case entirely at the threshold EB-2 classification stage, finding the petitioner failed both the advanced degree and exceptional ability pathways, and expressly declined to reach the national interest waiver prongs, stating 'further analysis of his eligibility for a national interest waiver would serve no meaningful purpose.' The two threshold findings (advanced degree failure and exceptional ability failure) were each labeled independent and alternate bases for dismissal.
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)
- INA 203(b)(2)
- INA 291
- Matter of NYSDOT
- Matter of R-A-M-
- Poursina v. USCIS
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