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, an entrepreneur in the marketing field, sought to build her own brand in the United States.
Field: marketing · Read the decision (uscis.gov)
EB-2 threshold — not met
The record did not establish the Petitioner's foreign degree in fashion was equivalent to a U.S. bachelor's degree due to transcript irregularities (missing semester, no grades, unexplained exemptions), and even if it were, the record did not show five years of progressive, post-baccalaureate work experience in her specialty needed to qualify as the equivalent of a U.S. master's degree.
How the evidence was treated
- degree · discounted
“the evaluation of the Petitioner's education and experience is not in accord with the Petitioner's educational records”
AAO decision text - resume experience · discounted
“the record does not establish that the Petitioner has at least five years of progressive, post-baccalaureate work experience”
AAO decision text - motion resubmission · discounted
“she does not state a new fact regarding how her degree may qualify as equivalent to a U.S. bachelor's-or master's-degree”
AAO decision text
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Notable
The case was resolved entirely on the threshold advanced-degree issue; the AAO never reached the NIW/Dhanasar prongs. The Petitioner's motion to reconsider raised a bare due process and constitutional/treaty violation claim without any elaboration, which the AAO summarily rejected for lack of specificity.
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)(ii)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
- 8 C.F.R. 204.5(k)(2)
- INA 203(b)(2)
- Matter of Caron Int'l
- Matter of Coelho
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