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AAO identifies three deficiencies: failure to demonstrate the length of the bachelor's program; submission of what appears to be a list of course offerings rather than an actual transcript bearing the Petitioner's name; and an unexplained discrepancy between the original diploma ('administration') and the translation ('business administration'). The evaluator also did not review employment letters as required.
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AAO identifies three deficiencies: failure to demonstrate the length of the bachelor's program; submission of what appears to be a list of course offerings rather than an actual transcript bearing the Petitioner's name; and an unexplained discrepancy between the original diploma ('administration') and the translation ('business administration'). The evaluator also did not review employment letters as required.
Exact record locator: findings_long.parquet filename_stem=2021-06-21_02_B5203; source_row=27863 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the credential evaluation unreliable because it mischaracterized two certificate programs as master's degrees, listed incorrect program lengths, and did not rely on employment letters to establish work history. Additionally, the transcript shows only 181 of 197 required credits completed, raising doubts about whether the Petitioner holds even a bachelor's degree.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO found the credential evaluation unreliable because it mischaracterized two certificate programs as master's degrees, listed incorrect program lengths, and did not rely on employment letters to establish work history. Additionally, the transcript shows only 181 of 197 required credits completed, raising doubts about whether the Petitioner holds even a bachelor's degree.
Exact record locator: findings_long.parquet filename_stem=2021-06-21_03_B5203; source_row=27867 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
What the decision said
AAO notes the Director did not address prong one and declines to reach the issue, remanding for the Director to apply all three prongs after first resolving EB-2 threshold eligibility.
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AAO notes the Director did not address prong one and declines to reach the issue, remanding for the Director to apply all three prongs after first resolving EB-2 threshold eligibility.
Exact record locator: findings_long.parquet filename_stem=2021-06-21_01_B5203; source_row=27860 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found all elements of willful misrepresentation satisfied: the Petitioner made a false representation in Part C.9 and in its open-to-U.S.-workers attestation, the President knew the relationships in the three-person company, and the misrepresentation was material because DOL might have audited or denied the certification had it known the true facts.
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AAO found all elements of willful misrepresentation satisfied: the Petitioner made a false representation in Part C.9 and in its open-to-U.S.-workers attestation, the President knew the relationships in the three-person company, and the misrepresentation was material because DOL might have audited or denied the certification had it known the true facts.
Exact record locator: findings_long.parquet filename_stem=2021-06-17_01_B5203; source_row=27859 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
bona fide job opportunity / clearly open to U.S. workers
Why AAO was not persuaded
AAO affirmed, finding the Beneficiary related to the owners and management of a three-employee company, with her husband serving as her direct supervisor — facts that diminish the credibility of the bona fides of the job offer.
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AAO affirmed, finding the Beneficiary related to the owners and management of a three-employee company, with her husband serving as her direct supervisor — facts that diminish the credibility of the bona fides of the job offer.
Exact record locator: findings_long.parquet filename_stem=2021-06-17_01_B5203; source_row=27858 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c