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 interior designer, sought to continue providing professional interior design services in the United States. The NIW prongs were not reached on appeal.
Field: interior design · Read the decision (uscis.gov)
EB-2 threshold — not met
AAO upheld Director's finding that Petitioner failed to establish advanced degree qualification: (1) original Portuguese academic record not submitted, only English translation; (2) employer letters insufficient to demonstrate five years of progressive post-baccalaureate experience in interior design — accountant letters lacked specificity on time devoted to design vs. clothing store, and client letter did not establish continuity or progressiveness. Director had not addressed exceptional ability track; AAO remanded for that determination.
How the evidence was treated
- degree · discounted
“Without a copy of the original academic record, the evidence is not sufficient to show that the Petitioner holds the foreign equivalent of a U.S. baccalaureate degree.”
AAO decision text - resume experience · discounted
“The representations made in the Petitioner's resume, however, are not sufficient to demonstrate that she has at least five years of progressive post-baccalaureate experience in interior design.”
AAO decision text - recommendation letter · discounted
“do not indicate how the Petitioner divided her time between her running her clothing store and working as an interior designer, or specify the amount of time she devoted to interior design projects”
AAO decision text - other · discounted
“This evaluation states that it 'relie[d] upon the diplomas, transcript, and resume provided by [the Petitioner].' The representations made in the Petitioner's resume, however, are not sufficient”
AAO decision text
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Notable
The Director denied solely on the advanced-degree prong without addressing the exceptional ability track or the NIW prongs. AAO affirmed the advanced-degree finding but remanded for the Director to evaluate (1) exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii) and (2) the Dhanasar NIW framework — neither of which had been adjudicated below. The adverse new decision is subject to automatic certification to the AAO. Petitioner ran a clothing store concurrently with interior design work, complicating the progressive-experience analysis.
What this case teaches
Analyst reading of the decision text.
Petitioner failed to prove foreign baccalaureate equivalency (missing original transcript) and five years progressive experience via qualifying employer letters, so EB-2 threshold unmet; NIW never reached.
Establish underlying EB-2 classification first with proper original academic records and detailed employer letters specifying duties, time allocation, and progression before addressing Dhanasar prongs.
vague
person_focused
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