"while a person who holds a master's degree is not restricted from conducting research in any given field, the evidence in the record demonstrates that every one of the beneficiary's peers possesses a Ph.D in the field of expertise. ...In light of this, the beneficiary cannot prove that contributions in the field of expertise will be to a substantially greater degree than an available U.S. worker having the same minimum qualifications...., principally, the U.S. worker has a Ph.D. while the beneficiary does not."
After reading this, I got more confused about what my lawyer said "The INS denied your application solely based on the fact that you do have a Ph.D. degree, which is legally wrong. Based on our experience, I have confidence in an appeal." it make no sense.
thanks for all the suggestions, maybe I really need a file again.