dismissedAUG092024_02B52032024-08-09 · appeal · Texas 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, described as an entrepreneur in transportation and logistics with a background as a driver in Brazil, sought to work in the U.S. transportation/cargo industry.

Field: transportation and logistics · Read the decision (uscis.gov)

EB-2 threshold — not met

Petitioner's driving/cargo transportation course certificates were not equivalent to a U.S. bachelor's degree, so he did not qualify as an advanced degree professional; he also failed to meet at least three of the six exceptional ability criteria (academic record, ten years' experience, license/certification, salary, professional membership, and recognition for achievements), as his certificates were coursework rather than academic awards, his employment letters did not cover ten full years or salary, his licenses/memberships were not tied to a baccalaureate-requiring profession, and his letters/awards praised general work performance rather than significant contributions to the field.

How the evidence was treated

degree · discounted
“Without an academic record from a learning institution in his field, the Petitioner does not meet this criterion.”
AAO decision text
resume experience · discounted
“This letter shows the Petitioner has over five years, but not at least ten years of experience as a driver.”
AAO decision text
certification membership · discounted
“The Petitioner's certificates also do not satisfy this requirement because they evidence completion of coursework, but not certification for a particular profession or occupation.”
AAO decision text
recommendation letter · discounted
“These letters evidence the Petitioner's successful work as a driver and on household projects, but they do not recognize any specific achievements or significant contributions.”
AAO decision text
awards · discounted
“This evidence shows the Petitioner was recognized as a good employee and had a clear driving record, but it does not demonstrate recognition for achievements and significant contributions to his industry.”
AAO decision text

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Notable

The AAO found the threshold EB-2 exceptional ability determination dispositive and expressly declined to reach the national interest waiver eligibility question, citing INS v. Bagamasbad and Matter of L-A-C- for the principle that agencies need not decide unnecessary issues.

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. 103.2(b)(1)
8 C.F.R. 103.3
Matter of Katigbak
Matter of L-A-C-
USCIS Policy Manual F.5(B)(2)

What this case teaches

Analyst reading of the decision text.

Decisive factor

Petitioner failed to satisfy at least three of six regulatory criteria for exceptional ability (education, experience, license, salary, membership, recognition), making him ineligible for underlying EB-2 classification; NIW eligibility was never reached.

Transferable lesson

Establish threshold EB-2 classification (advanced degree or exceptional ability with three qualifying criteria and documentary proof) before any NIW argument can be considered.

Endeavor framing

vague

Evidence targeting

person_focused

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