The three Dhanasar prongs officers challenge most, and the evidence that actually moves a National Interest Waiver forward.
Dismissed · 2023 Supplemental letter from former Brazilian employer documenting progression from basic duties (modeling, integration, process controls) to more advanced responsibilities (efficiency analyses, change management projects, employee training support), establishing over five years of progressive post-baccalaureate experience.
Remanded · 2019 Updated Certificates of Career from two employers listing specific job duties in biomedical materials engineering and alloy development, including percentage of time devoted to each responsibility, sufficient to establish five years of progressive post-baccalaureate experience equivalent to a master's degree.
Dismissed · 2023 Petitioner's foreign engineering degree from a Brazilian university with academic transcripts and employer letters, establishing she holds the equivalent of a U.S. bachelor's degree in civil engineering plus five years of progressive experience (satisfying the advanced degree professional requirement)
Dismissed · 2024 Letters and articles documenting petitioner's achievements as an amateur and collegiate golfer, including Conference USA All-Academic honors, C-USA Golfer of the Week, C-USA Most Improved Golfer, Academic All-American (five times), and tournament wins at the junior, collegiate, and amateur level
Remanded · 2021 Petitioner's personal statement describing a proposed endeavor involving flight simulator maintenance and teaching/training new technicians in independent training centers, aviation maintenance schools, and colleges was found sufficient to identify a 'specific undertaking' under Dhanasar.
Remanded · 2021 USA Evaluations credential evaluation concluding petitioner held U.S. MBA equivalent — rejected because the evaluator did not review employment letters to verify work experience and relied solely on petitioner's resume for professional experience, and there was an unexplained discrepancy between the diploma (which listed 'administration') and the evaluator's characterization (bachelor's in business administration with a major in management).
Dismissed · 2023 Expert opinion letter from a Department of Civil and Environmental Engineering professor, which was found insufficient for the achievements and significant contributions criterion because it lacked specific information about the petitioner's achievements, how her contributions rose to a significant level, and recognition by peers or professional organizations
Remanded · 2023 Academic credential evaluation opining that petitioner's Colombian occupational certificate, technician degree, and 12 years of experience equate to a U.S. Bachelor of Science in Aviation Maintenance Technology — rejected because regulations require a single foreign equivalent bachelor's degree, not a combination of lesser credentials and experience
Dismissed · 2024 Citation record of 92 citations including top-20% percentile claims: Clarivate Analytics data compared electrical engineering to the broader engineering field without sufficient evidence the data applies equally to each subfield; also citation frequency is quantitative and does not reveal qualitative reasons for citations
Dismissed · 2023 Employer letters did not establish ten years of full-time experience as a dentist prior to the October 2020 filing date; petitioner's actual pre-filing dentistry experience was approximately six months as a general dentist, thirteen months as a dental assistant, and four months part-time as a dental hygienist
The Director erroneously found the petitioner eligible for the underlying EB-2 classification; the AAO withdrew that finding because the petitioner's occupation as exercise trainer/group fitness instructor does not require a U.S. bachelor's degree for entry, and her combined Brazilian credentials (license certificate plus graduate certificate) do not constitute a single foreign equivalent of a U.S. bachelor's degree.
The Director analyzed whether the petitioner had five years of progressive post-baccalaureate experience, but failed to apply the correct regulatory standard: for specialties where a doctoral degree is customarily required (such as dentistry/oral surgery), a combination of education and experience cannot substitute — the petitioner must hold a foreign equivalent doctoral degree.
The Director incorrectly found the petitioner met the underlying EB-2 visa classification requirements as an advanced degree professional; the AAO withdrew this finding because the experience letters lacked the specific duty descriptions required by 8 C.F.R. § 204.5(g)(1) and did not establish five years of progressive post-baccalaureate experience in the specialty.
Director incorrectly found the membership in professional associations criterion (8 C.F.R. § 204.5(k)(3)(ii)(E)) was met; AAO reversed this finding because the Petitioner's Professional Identity Card was issued by a body not covered by the cited Decree, and the Telecommunications Technician designation was not shown to require a U.S. bachelor's degree equivalent.
Director incorrectly found the petitioner met the membership in professional associations criterion (8 C.F.R. § 204.5(k)(3)(ii)(E)) — the golf organizations at issue (unnamed association and Florida State Golf Association) do not require a baccalaureate degree for membership and therefore do not qualify as 'professional associations' under the EB-2 regulations.
A financial manager's EB-2 National Interest Waiver petition was dismissed because the proposed small-business advisory
A special education teacher's national interest waiver petition was dismissed because her proposed work was found to ben
A waiter's EB-2 National Interest Waiver petition was remanded because the Director's denial improperly relied on eviden
A Brazilian HR management specialist's EB-2 National Interest Waiver petition was dismissed because she could only prove
An elementary school special needs educator's third motion to reconsider her denied EB-2 National Interest Waiver petiti
An entrepreneur in multimedia production sought a national interest waiver to establish a U.S. business, but the AAO dis
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