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10,847 decisions /36,849 findings
Showing 14201–14210
NIWNIW · National importanceEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
Why the evidence was persuasive
AAO found that the Petitioner's proposed research aimed at improving public health has substantial merit, and that support letters and dissemination of results through scientific journals demonstrated national importance.
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AAO found that the Petitioner's proposed research aimed at improving public health has substantial merit, and that support letters and dissemination of results through scientific journals demonstrated national importance.
Exact record locator: findings_long.parquet filename_stem=2019-10-01_01_B5203; source_row=24460 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possession of minimum required experience
Why AAO was not persuaded
The employer letter from the Indian software company did not specify how long the Beneficiary worked as a technical leader, only that his designation at the time of leaving was technical leader. This was insufficient to establish five years of experience as a technical leader as required by the labor certification.
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The employer letter from the Indian software company did not specify how long the Beneficiary worked as a technical leader, only that his designation at the time of leaving was technical leader. This was insufficient to establish five years of experience as a technical leader as required by the labor certification.
Exact record locator: findings_long.parquet filename_stem=2019-10-01_03_B5203; source_row=24480 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO held that when a petitioner submits required evidence (tax returns), it must also consider additional evidence of wages paid to the beneficiary. Crediting payments of $102,940 in 2017 and $96,427.29 in 2018, the net income and net current assets in both years exceeded the remaining differences of $12,646 and $19,158.71 respectively.
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AAO held that when a petitioner submits required evidence (tax returns), it must also consider additional evidence of wages paid to the beneficiary. Crediting payments of $102,940 in 2017 and $96,427.29 in 2018, the net income and net current assets in both years exceeded the remaining differences of $12,646 and $19,158.71 respectively.
Exact record locator: findings_long.parquet filename_stem=2019-10-01_03_B5203; source_row=24478 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages of multiple petitions
Why AAO was not persuaded
AAO identified that USCIS records showed at least 16 other immigrant petitions filed by the Petitioner. The record lacked the proffered wages and priority dates for those petitions, so combined ability to pay could not be established. AAO remanded for the Director to request this information.
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AAO identified that USCIS records showed at least 16 other immigrant petitions filed by the Petitioner. The record lacked the proffered wages and priority dates for those petitions, so combined ability to pay could not be established. AAO remanded for the Director to request this information.
Exact record locator: findings_long.parquet filename_stem=2019-10-01_03_B5203; source_row=24479 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Petitioner's right to change classification or receive RFE opportunity
Why AAO was not persuaded
The AAO is not bound by internal USCIS SOPs, and the cited SOP is inapplicable because the issue here is the job requirements, not the beneficiary's qualifications. The regulation at 8 C.F.R. § 103.2(b)(16)(i) is also inapplicable because the mismatch between labor certification requirements and the classification request was fully known to the petitioner from the time of filing.…
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The AAO is not bound by internal USCIS SOPs, and the cited SOP is inapplicable because the issue here is the job requirements, not the beneficiary's qualifications. The regulation at 8 C.F.R. § 103.2(b)(16)(i) is also inapplicable because the mismatch between labor certification requirements and the classification request was fully known to the petitioner from the time of filing. Additionally, USCIS policy precludes changing the visa category after a decision has already been made, and the petitioner did not request a change until filing the appeal.
Exact record locator: findings_long.parquet filename_stem=2019-10-01_02_B5203; source_row=24472 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Petitioner qualified as an advanced-degree professional under 8 C.F.R. § 204.5(k)(2) based on his foreign bachelor's degree plus five or more years of progressive specialty experience.
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AAO found the Petitioner qualified as an advanced-degree professional under 8 C.F.R. § 204.5(k)(2) based on his foreign bachelor's degree plus five or more years of progressive specialty experience.
Exact record locator: findings_long.parquet filename_stem=2019-10-01_04_B5203; source_row=24486 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
judging the work of others in the same or an allied field
Why the evidence was persuasive
The AAO disagreed with the Director, finding that the record does contain corroborated evidence of the Petitioner's participation as a judge. Evidence confirmed his judging role at the Open Championship and his role as 'Judge in forms and kickboxing categories' at the 2016 Martial Arts event, and the corroborated judging evidence extended beyond these two events.
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The AAO disagreed with the Director, finding that the record does contain corroborated evidence of the Petitioner's participation as a judge. Evidence confirmed his judging role at the Open Championship and his role as 'Judge in forms and kickboxing categories' at the 2016 Martial Arts event, and the corroborated judging evidence extended beyond these two events.
Exact record locator: findings_long.parquet filename_stem=2019-10-01_04_B2203; source_row=24484 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot established
Case facts
Chemistry / Chemical EngineeringManager
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
While the Petitioner's V-treatment research was important to his former research group and employer, the evidence did not establish that his contributions have been of major significance to the overall field of chemical engineering or the specialized area of the relevant technology.…
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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While the Petitioner's V-treatment research was important to his former research group and employer, the evidence did not establish that his contributions have been of major significance to the overall field of chemical engineering or the specialized area of the relevant technology. Reference letters indicated industrial implementation was yet to occur, and the record lacked comparative citation data showing remarkable influence.
Exact record locator: findings_long.parquet filename_stem=2019-09-30_01_B2203; source_row=24450 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c