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 decision does not reach the proposed endeavor; the Petitioner sought an EB-2 national interest waiver but the record does not describe the specific endeavor since the case was resolved on threshold degree-equivalency grounds.
Field: business administration · Read the decision (uscis.gov)
EB-2 threshold — not met
The Petitioner's foreign bachelor's degree (titulo de bacharel em administracao) was found not to be the equivalent of a U.S. bachelor's degree due to a transcript showing less than four years of study, an untranslated transcript, and conflicting credit totals between two academic evaluations, contradicting the evaluators' conclusions.
How the evidence was treated
- degree · discounted
“the record does not establish the Petitioner has the foreign equivalent of a U.S. bachelor's degree”
AAO decision text
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Notable
AAO reversed SCOPS's favorable finding on the underlying advanced-degree classification (SCOPS had found the Petitioner qualified), concluding sua sponte on de novo review that the degree equivalency was not established due to transcript/credit-count inconsistencies between two competing evaluations, and declined to reach any Dhanasar prong as a result.
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. 103.2(b)(3)
- 8 C.F.R. 103.3
- 8 C.F.R. 204.5(k)(2)
- Flores v. Garland
- Matter of Ho
What this case teaches
Analyst reading of the decision text.
Petitioner failed to establish underlying EB-2 eligibility: conflicting academic evaluations and an untranslated transcript showing less than four years of study meant his foreign degree did not equate to a U.S. bachelor's degree, making him ineligible before any Dhanasar/NIW analysis.
Resolve credential-equivalency discrepancies (transcript vs. evaluations, translations, credit counts) before filing; NIW merits are irrelevant if underlying EB-2 classification threshold is not met.
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