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 Brazilian-trained physiotherapist, proposed to work as a physical therapist and entrepreneur in the United States, including launching a startup company in the health, beauty, and wellness services sector.
Field: physiotherapy / physical therapy · Read the decision (uscis.gov)
EB-2 threshold — not met
Petitioner satisfied only two of six exceptional ability criteria (academic record and professional license/certification); membership criterion withdrawn by AAO; recognition-for-achievements criterion not met. Final merits also failed: Petitioner lacks U.S. DPT degree and licensure, has only a few years of experience, and letters do not corroborate expertise significantly above that ordinarily encountered in the field.
How the evidence was treated
- degree · credited
- certification membership · credited
- certification membership · discounted
“the record does not contain documents describing the requirements for membership in the association”
AAO decision text - other · discounted
“She does not explain how her attendance at the symposiums amounts to an achievement or significant contribution to the field as recognized by her peers.”
AAO decision text - recommendation letter · discounted
“they similarly do not provide details regarding her achievements or contributions to the field”
AAO decision text
All 7 evidence items
- resume experience · discounted
“limited experience of a few years in the occupation”
AAO decision text - business plan · ignored
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Notable
The AAO withdrew SCOPS's finding that the Petitioner satisfied the professional association membership criterion (§ 204.5(k)(3)(ii)(E)), reducing her qualifying criteria count from two to one (then crediting the license criterion to bring her back to two), resulting in a net failure at step one. The NIW prongs were never reached because the threshold EB-2 exceptional ability showing was dispositive. The Petitioner waived the advanced-degree-professional alternative basis and also waived challenges to the 10-years-experience and high-salary criteria on appeal. The AAO nonetheless conducted an advisory final merits analysis at the Petitioner's request, finding her Brazilian physiotherapy degree and limited experience fell short of U.S. DPT-level entry requirements.
What this case teaches
Analyst reading of the decision text.
Petitioner failed to satisfy 3 of 6 exceptional-ability criteria (membership criterion withdrawn, achievements criterion unmet) and lacked DPT degree/US licensure, so final merits showed no expertise above ordinary in the field, making underlying EB-2 classification—and thus any NIW analysis—unreachable.
Before arguing Dhanasar prongs, ensure the underlying EB-2 classification (3+ regulatory criteria plus final merits showing expertise clearly above peers) is independently and thoroughly documented.
vague
person_focused
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