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Labor certification supports advanced degree professional classification
Why AAO was not persuaded
The labor certification sets a minimum education requirement of a bachelor's degree plus 24 months of experience, which falls short of the master's degree (or bachelor's degree plus five years of progressive experience) required for advanced degree professional classification under 8 C.F.R. § 204.5(k)(2).
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The labor certification sets a minimum education requirement of a bachelor's degree plus 24 months of experience, which falls short of the master's degree (or bachelor's degree plus five years of progressive experience) required for advanced degree professional classification under 8 C.F.R. § 204.5(k)(2).
Exact record locator: findings_long.parquet filename_stem=2021-07-23_01_B5203; source_row=28185 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Medicine / ClinicalBachelor’s
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO found that the Petitioner's proposed nursing work would be limited to patients she serves and lacked documentary evidence of broader impact. Her lectures, manuals, and policy changes were not shown to be followed by others or made available outside her patient care, and the expert letter did not sufficiently explain how her work would have a national impact beyond direct patient care.
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AAO found that the Petitioner's proposed nursing work would be limited to patients she serves and lacked documentary evidence of broader impact. Her lectures, manuals, and policy changes were not shown to be followed by others or made available outside her patient care, and the expert letter did not sufficiently explain how her work would have a national impact beyond direct patient care.
Exact record locator: findings_long.parquet filename_stem=2021-07-23_02_B5203; source_row=28186 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot addressedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
on balance, beneficial to the United States
What the decision said
AAO did not specifically analyze prong three, stating only generally that it agreed with the Director's ultimate conclusions on the remaining Dhanasar prongs.
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AAO did not specifically analyze prong three, stating only generally that it agreed with the Director's ultimate conclusions on the remaining Dhanasar prongs.
Exact record locator: findings_long.parquet filename_stem=2021-07-23_04_B5203; source_row=28195 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot addressedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
well positioned to advance the proposed endeavor
What the decision said
AAO did not specifically analyze prong two, stating only generally that it agreed with the Director's ultimate conclusions on the remaining Dhanasar prongs.
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Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO did not specifically analyze prong two, stating only generally that it agreed with the Director's ultimate conclusions on the remaining Dhanasar prongs.
Exact record locator: findings_long.parquet filename_stem=2021-07-23_04_B5203; source_row=28194 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO agreed the proposed endeavor would not extend beyond the Petitioner's future employer(s) and clients sufficiently to impact U.S. interests or the law enforcement industry broadly, and would not significantly employ U.S. workers or produce substantial economic effects.
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AAO agreed the proposed endeavor would not extend beyond the Petitioner's future employer(s) and clients sufficiently to impact U.S. interests or the law enforcement industry broadly, and would not significantly employ U.S. workers or produce substantial economic effects.
Exact record locator: findings_long.parquet filename_stem=2021-07-23_04_B5203; source_row=28193 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the Petitioner satisfied this criterion based on his editorial board role at Journal of Life Sciences and peer review work for other scientific journals.
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AAO agreed the Petitioner satisfied this criterion based on his editorial board role at Journal of Life Sciences and peer review work for other scientific journals.
Exact record locator: findings_long.parquet filename_stem=2021-07-23_01_B2203; source_row=28181 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the Petitioner satisfied this criterion, citing his authored articles in Journal of Virology, Frontiers in Microbiology, and Journal of Biological Chemistry.
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AAO agreed the Petitioner satisfied this criterion, citing his authored articles in Journal of Virology, Frontiers in Microbiology, and Journal of Biological Chemistry.
Exact record locator: findings_long.parquet filename_stem=2021-07-23_01_B2203; source_row=28183 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why the evidence was persuasive
AAO found the Petitioner's claim persuasive regarding his research on the role of a specific viral protein, supported by multiple expert letters citing the impact of his 2019 Journal of Virology article and a material transfer agreement reflecting ongoing collaborative use of his findings.
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AAO found the Petitioner's claim persuasive regarding his research on the role of a specific viral protein, supported by multiple expert letters citing the impact of his 2019 Journal of Virology article and a material transfer agreement reflecting ongoing collaborative use of his findings.
Exact record locator: findings_long.parquet filename_stem=2021-07-23_01_B2203; source_row=28182 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
While the Petitioner's digital signage endeavor has substantial merit, he failed to show its prospective impact rises to national importance. His experience and qualifications are relevant to the second prong, not the first.…
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While the Petitioner's digital signage endeavor has substantial merit, he failed to show its prospective impact rises to national importance. His experience and qualifications are relevant to the second prong, not the first. Business plan projections were unsupported by evidence, his claim of potential medical field impact was raised for the first time on appeal and unsupported, and he did not show significant positive economic effects nationally or regionally.
Exact record locator: findings_long.parquet filename_stem=2021-07-22_02_B5203; source_row=28174 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c