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10,847 decisions /36,849 findings
Showing 1051–1060
NIWNIW · Waiver on balanceReservedAutomated extraction · broader context
Case facts
Computer Science / AI
Issue evaluated
NIW · Waiver on balance
on balance, beneficial to waive job offer requirement
What the decision said
AAO declined to reach the third prong because the Petitioner had not established the second prong, making further discussion of the balancing factors unnecessary.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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AAO declined to reach the third prong because the Petitioner had not established the second prong, making further discussion of the balancing factors unnecessary.
Exact record locator: findings_long.parquet filename_stem=2025-03-26_06_B5203; source_row=43690 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of progressive post-baccalaureate experience in the specialty
Why AAO was not persuaded
The employment letters described administrative positions unrelated to the specialty of management analyst, and therefore did not establish the required five years of progressive post-baccalaureate experience in the specialty.
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The employment letters described administrative positions unrelated to the specialty of management analyst, and therefore did not establish the required five years of progressive post-baccalaureate experience in the specialty.
Exact record locator: findings_long.parquet filename_stem=2025-03-26_03_B5203; source_row=43675 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Membership in professional associations (criterion E)
Why AAO was not persuaded
The petitioner did not establish that the association requires its members to possess the equivalent of a U.S. bachelor's degree, and therefore failed to show it is a professional association within the meaning of the regulations.
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The petitioner did not establish that the association requires its members to possess the equivalent of a U.S. bachelor's degree, and therefore failed to show it is a professional association within the meaning of the regulations.
Exact record locator: findings_long.parquet filename_stem=2025-03-26_03_B5203; source_row=43680 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The employment letters showed the petitioner worked in administrative positions unrelated to the proposed occupation of management analyst, and therefore did not establish ten years of full-time experience in the proposed occupation.
Why this is useful
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The employment letters showed the petitioner worked in administrative positions unrelated to the proposed occupation of management analyst, and therefore did not establish ten years of full-time experience in the proposed occupation.
Exact record locator: findings_long.parquet filename_stem=2025-03-26_03_B5203; source_row=43677 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO reserved judgment on criterion F because, even if met, the petitioner would still not satisfy at least three of the six required criteria, making the finding unnecessary to the outcome.
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AAO reserved judgment on criterion F because, even if met, the petitioner would still not satisfy at least three of the six required criteria, making the finding unnecessary to the outcome.
Exact record locator: findings_long.parquet filename_stem=2025-03-26_03_B5203; source_row=43681 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
There was no information regarding the requirements for issuance of the card, no evidence the title is a recognized profession under the regulations, and no evidence it constitutes a license or certification as required by the plain language of the regulation.
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There was no information regarding the requirements for issuance of the card, no evidence the title is a recognized profession under the regulations, and no evidence it constitutes a license or certification as required by the plain language of the regulation.
Exact record locator: findings_long.parquet filename_stem=2025-03-26_03_B5203; source_row=43678 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the additional bank statements submitted on appeal showed frequent large deposits from unidentified sources and that abbreviated deposit descriptions were insufficient to distinguish income from the three companies. The record lacked required foreign business documents for the two other companies, and incomplete English translations of one account's statements could not be considered.…
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AAO found that the additional bank statements submitted on appeal showed frequent large deposits from unidentified sources and that abbreviated deposit descriptions were insufficient to distinguish income from the three companies. The record lacked required foreign business documents for the two other companies, and incomplete English translations of one account's statements could not be considered. Together, these deficiencies prevented tracing the invested funds back to a lawful source.
Exact record locator: findings_long.parquet filename_stem=2025-03-26_02_B5203; source_row=43673 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Petitioner's evidence—his qualifications, industry reports, and business plan—did not establish national importance. The documents about his skills relate to prong two rather than prong one. Industry reports merely show the field is important, not the specific endeavor.…
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AAO found that the Petitioner's evidence—his qualifications, industry reports, and business plan—did not establish national importance. The documents about his skills relate to prong two rather than prong one. Industry reports merely show the field is important, not the specific endeavor. The business plan lacked identification of specific methods and improvements, and economic projections lacked evidentiary basis sufficient to show national-level impact.
Exact record locator: findings_long.parquet filename_stem=2025-03-25_03_B5203; source_row=43631 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner's membership card was printed in May 2023 and shows '2023 Member' without indicating an initial membership date, whereas the petition was filed in October 2022. Because a petitioner must establish eligibility from the time of filing, the Petitioner failed to demonstrate professional association membership at the time of filing.
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The Petitioner's membership card was printed in May 2023 and shows '2023 Member' without indicating an initial membership date, whereas the petition was filed in October 2022. Because a petitioner must establish eligibility from the time of filing, the Petitioner failed to demonstrate professional association membership at the time of filing.
Exact record locator: findings_long.parquet filename_stem=2025-03-25_14_B5203; source_row=43667 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c