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AAO found the Petitioner paid only $52,000 to the Beneficiary in 2018, and its 2018 net income of $12,291 with no net current assets was insufficient to cover the $73,000 shortfall. The Petitioner's alternative wage arguments had no legal basis, and totality-of-circumstances review was insufficient given only two years of tax returns showing losses were in the record.
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AAO found the Petitioner paid only $52,000 to the Beneficiary in 2018, and its 2018 net income of $12,291 with no net current assets was insufficient to cover the $73,000 shortfall. The Petitioner's alternative wage arguments had no legal basis, and totality-of-circumstances review was insufficient given only two years of tax returns showing losses were in the record.
Exact record locator: findings_long.parquet filename_stem=2021-11-23_01_B5203; source_row=28851 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed with the Director that while future employment is permissible, the Petitioner must show the job offer was realistic as of the priority date. Without evidence of scheduled events where the Beneficiary might perform, no actual job opportunity was established.
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AAO agreed with the Director that while future employment is permissible, the Petitioner must show the job offer was realistic as of the priority date. Without evidence of scheduled events where the Beneficiary might perform, no actual job opportunity was established.
Exact record locator: findings_long.parquet filename_stem=2021-11-23_01_B5203; source_row=28849 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The credential evaluator failed to demonstrate specific knowledge of the Spanish education system and provided only templated, generalized conclusions without sufficient analysis. The Petitioner also did not submit transcripts for certificate programs.…
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The credential evaluator failed to demonstrate specific knowledge of the Spanish education system and provided only templated, generalized conclusions without sufficient analysis. The Petitioner also did not submit transcripts for certificate programs. Even granting a bachelor's equivalent, the employer letter showed only job titles without describing duties or progressive responsibilities, so five years of progressive post-baccalaureate experience could not be established.
Exact record locator: findings_long.parquet filename_stem=2021-11-19_01_B5203; source_row=28844 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO found that the Petitioner's industry articles did not address his specific endeavor, his recommendation letters were conclusory and lacked knowledge of the proposed endeavor, and his claimed ripple effects were insufficiently explained or documented.…
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AAO found that the Petitioner's industry articles did not address his specific endeavor, his recommendation letters were conclusory and lacked knowledge of the proposed endeavor, and his claimed ripple effects were insufficiently explained or documented. His Florida business showed minimal revenue and was administratively dissolved, and his role as CEO of the foreign data center company began after petition filing and lacks U.S. operating status.
Exact record locator: findings_long.parquet filename_stem=2021-11-19_01_B5203; source_row=28845 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1Aprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
Motion to Reopen Requirements
Why AAO was not persuaded
The Petitioner presented no new facts and submitted no documentary evidence in support of the motion to reopen, failing the basic requirements of 8 C.F.R. § 103.5(a)(2).
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The Petitioner presented no new facts and submitted no documentary evidence in support of the motion to reopen, failing the basic requirements of 8 C.F.R. § 103.5(a)(2).
Exact record locator: findings_long.parquet filename_stem=2021-11-17_01_B2203; source_row=28843 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
AAO agreed that the reference letters were largely conclusory and did not explain how the Petitioner's work had been widely implemented or had made a demonstrable impact in the field. Mere assertions that work has gained national and international recognition are insufficient to establish major significance.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO agreed that the reference letters were largely conclusory and did not explain how the Petitioner's work had been widely implemented or had made a demonstrable impact in the field. Mere assertions that work has gained national and international recognition are insufficient to establish major significance.
Exact record locator: findings_long.parquet filename_stem=2021-11-12_01_B2203; source_row=28839 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why AAO was not persuaded
AAO agreed that while the letters confirmed receipt of various awards and honors, they did not establish that the awards were nationally or internationally recognized. Recognition must be evidenced through national or international media coverage or similar objective means, not merely through conclusory assertions by associated letter writers.
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AAO agreed that while the letters confirmed receipt of various awards and honors, they did not establish that the awards were nationally or internationally recognized. Recognition must be evidenced through national or international media coverage or similar objective means, not merely through conclusory assertions by associated letter writers.
Exact record locator: findings_long.parquet filename_stem=2021-11-12_01_B2203; source_row=28836 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
AAO agreed that the Petitioner failed to demonstrate that any of the claimed organizations require outstanding achievements for membership. The letters from association members were not supported by independent documentation, and the vague membership criteria described did not indicate they required outstanding achievements judged by recognized national or international experts.
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AAO agreed that the Petitioner failed to demonstrate that any of the claimed organizations require outstanding achievements for membership. The letters from association members were not supported by independent documentation, and the vague membership criteria described did not indicate they required outstanding achievements judged by recognized national or international experts.
Exact record locator: findings_long.parquet filename_stem=2021-11-12_01_B2203; source_row=28837 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination
What the decision said
AAO stated it need not provide a formal final merits determination because the Petitioner failed to meet the initial evidence threshold, but nevertheless noted in the aggregate the record does not support the required acclaim.
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AAO stated it need not provide a formal final merits determination because the Petitioner failed to meet the initial evidence threshold, but nevertheless noted in the aggregate the record does not support the required acclaim.
Exact record locator: findings_long.parquet filename_stem=2021-11-12_01_B2203; source_row=28841 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c