Search a substantial collection of case-specific reasoning, then narrow it by petition, field, legal issue, or date.
This expanded collection favors source-backed access over perfect automated classification. Fields, labels, summaries, and relevance may contain errors; records marked ‘broader context’ need extra care. Review the cited source before relying on any record. These appeals and motions do not show approval odds or denial rates, and are not legal advice or a prediction.
12 months qualifying experience including Teradata and Informatica
Why AAO was not persuaded
The duties of the Beneficiary's programmer analyst role with the Petitioner appear substantially comparable to the offered database administrator position, so under 20 C.F.R. § 656.17(i)(3) that experience cannot be used to qualify him, and no other experience evidence was submitted.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The duties of the Beneficiary's programmer analyst role with the Petitioner appear substantially comparable to the offered database administrator position, so under 20 C.F.R. § 656.17(i)(3) that experience cannot be used to qualify him, and no other experience evidence was submitted.
Exact record locator: findings_long.parquet filename_stem=2019-12-02_03_B5203; source_row=24787 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the recommendation letters showed unmistakable evidence of shared authorship undermining their independent value; citation metrics placed the Petitioner above average but not at the top of the field; peer review invitations did not demonstrate acclaim; the NSF SBIR was a grant not an award; and commercialization was embryonic.…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO found that the recommendation letters showed unmistakable evidence of shared authorship undermining their independent value; citation metrics placed the Petitioner above average but not at the top of the field; peer review invitations did not demonstrate acclaim; the NSF SBIR was a grant not an award; and commercialization was embryonic. Focusing only on the most highly-cited articles conflated isolated major contributions with sustained acclaim.
Exact record locator: findings_long.parquet filename_stem=2019-11-29_01_B2203; source_row=24781 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner could not establish the total combined proffered wages because one petition's proffered wage was never provided. Even setting that aside, net income and net current assets were far below the $267,492.55 shortfall, unaudited financials were unreliable due to unexplained discrepancies, and Sonegawa factors did not overcome the gap.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The Petitioner could not establish the total combined proffered wages because one petition's proffered wage was never provided. Even setting that aside, net income and net current assets were far below the $267,492.55 shortfall, unaudited financials were unreliable due to unexplained discrepancies, and Sonegawa factors did not overcome the gap.
Exact record locator: findings_long.parquet filename_stem=2019-11-29_01_B5203; source_row=24782 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
degree in acceptable field per labor certification
Why AAO was not persuaded
The Beneficiary holds a bachelor of engineering evaluated as equivalent to a U.S. bachelor's in 'computer engineering,' but the labor certification's part H.14 limits acceptable baccalaureate fields to computer science, applications, and engineering sub-fields of electronics, mechanical, civil, or electrical — not computer engineering.…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The Beneficiary holds a bachelor of engineering evaluated as equivalent to a U.S. bachelor's in 'computer engineering,' but the labor certification's part H.14 limits acceptable baccalaureate fields to computer science, applications, and engineering sub-fields of electronics, mechanical, civil, or electrical — not computer engineering. The record therefore does not establish the Beneficiary meets the minimum educational requirements.
Exact record locator: findings_long.parquet filename_stem=2019-11-29_01_B5203; source_row=24783 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO withdrew the Director's finding, concluding that serving as an umpire or referee at table tennis competitions does not constitute judging the work of others, as the role involves enforcing rules rather than evaluating the skills or work of competitors, and the record lacked evidence showing otherwise.
Why this is useful
See how invitations, completed assignments, and the nature of judging were documented and weighed.
View full reasoning +
The AAO withdrew the Director's finding, concluding that serving as an umpire or referee at table tennis competitions does not constitute judging the work of others, as the role involves enforcing rules rather than evaluating the skills or work of competitors, and the record lacked evidence showing otherwise.
Exact record locator: findings_long.parquet filename_stem=2019-11-27_02_B2203; source_row=24771 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organization
Why AAO was not persuaded
The Petitioner failed to establish both that he performed a critical role and that the organization has a distinguished reputation. The letters submitted lacked specific, detailed information about how his performance was critical to the organization's success, and the record did not establish the organization's distinguished reputation beyond general assertions.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The Petitioner failed to establish both that he performed a critical role and that the organization has a distinguished reputation. The letters submitted lacked specific, detailed information about how his performance was critical to the organization's success, and the record did not establish the organization's distinguished reputation beyond general assertions.
Exact record locator: findings_long.parquet filename_stem=2019-11-27_02_B2203; source_row=24772 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
The Petitioner did not establish that membership in the club requires outstanding achievements as judged by recognized national or international experts, and failed to provide the organization's constitution or bylaws or otherwise demonstrate the membership selection criteria.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The Petitioner did not establish that membership in the club requires outstanding achievements as judged by recognized national or international experts, and failed to provide the organization's constitution or bylaws or otherwise demonstrate the membership selection criteria.
Exact record locator: findings_long.parquet filename_stem=2019-11-27_02_B2203; source_row=24769 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
high salary or significantly high remuneration
Why AAO was not persuaded
While AAO agreed the correct comparator is others in the field (not just those at the top), the Petitioner failed to provide Brazilian wage statistics to compare against her Brazilian-currency contracts, and the single USD contract did not establish an hourly or daily rate or provide adequate comparator evidence for U.S. models.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
While AAO agreed the correct comparator is others in the field (not just those at the top), the Petitioner failed to provide Brazilian wage statistics to compare against her Brazilian-currency contracts, and the single USD contract did not establish an hourly or daily rate or provide adequate comparator evidence for U.S. models.
Exact record locator: findings_long.parquet filename_stem=2019-11-27_03_B2203; source_row=24777 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner did not submit evidence demonstrating that her selection as the competition winner is a nationally or internationally recognized award for excellence in the field. Additionally, her selection to the modeling group was a requirement for competition participation, not itself an award or prize.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The Petitioner did not submit evidence demonstrating that her selection as the competition winner is a nationally or internationally recognized award for excellence in the field. Additionally, her selection to the modeling group was a requirement for competition participation, not itself an award or prize.
Exact record locator: findings_long.parquet filename_stem=2019-11-27_03_B2203; source_row=24774 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organizations
Why AAO was not persuaded
The recommendation letters did not contain specific examples of how the Petitioner's role was of significant importance to the organizations' activities. Additionally, the Petitioner failed to submit sufficient evidence that the organizations had a distinguished reputation, as relative size and social media followers are not determining factors and the memo was conclusory.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The recommendation letters did not contain specific examples of how the Petitioner's role was of significant importance to the organizations' activities. Additionally, the Petitioner failed to submit sufficient evidence that the organizations had a distinguished reputation, as relative size and social media followers are not determining factors and the memo was conclusory.
Exact record locator: findings_long.parquet filename_stem=2019-11-27_03_B2203; source_row=24776 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c