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 a general and operations professional with a foreign bachelor's degree in nautical science, sought EB-2 classification and a national interest waiver, though the specific proposed endeavor was not reached in the decision.
Field: nautical science / marine engineering · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner's three-year Brazilian nautical science degree was found not equivalent to a U.S. bachelor's degree; AAO discounted the favorable educational evaluations as implausible and inconsistent with EDGE database information, and the Petitioner did not claim exceptional ability, so EB-2 classification was not established.
How the evidence was treated
- degree · discounted
“where an opinion is not in accord with other information or is in any way questionable, we may discount or give less weight to that evaluation”
AAO decision text
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Notable
AAO declined to reach the Dhanasar national interest waiver prongs entirely because threshold EB-2 eligibility (advanced degree equivalency) was not established, citing INS v. Bagamasbad for the principle that agencies need not decide issues unnecessary to the result. The case turned on a credit-hour equivalency dispute involving a three-year foreign nautical science degree versus EDGE database findings.
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. 103.3
- 8 C.F.R. 204.5(k)(2)
- 8 C.F.R. 204.5(k)(3)(ii)
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish his Brazilian bachelor's degree (only 3 years, per EDGE) equated to a U.S. bachelor's degree, so he did not qualify as an advanced degree professional, making NIW analysis unreachable.
Secure a credible, well-supported credential evaluation aligned with recognized databases (e.g., EDGE) before pursuing NIW; unresolved EB-2 threshold eligibility moots the entire Dhanasar analysis.
vague
person_focused
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