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.
10,847 decisions /36,849 findings
Showing 14211–14220
EB-1AEB-1A · Leading / critical roleNot established
Case facts
Chemistry / Chemical EngineeringManager
Issue evaluated
EB-1A · Leading / critical role
leading or critical role for distinguished organizations
Why AAO was not persuaded
The AAO found that the letters showed the Petitioner's impact on his graduate research group only became evident after his departure, and did not demonstrate the research group had a distinguished reputation.…
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The AAO found that the letters showed the Petitioner's impact on his graduate research group only became evident after his departure, and did not demonstrate the research group had a distinguished reputation. For his current employer, the letters showed contributions to specific projects but did not establish a critical impact on overall operations, nor did the evidence show the employer's subsidiary enjoyed a distinguished reputation.
Exact record locator: findings_long.parquet filename_stem=2019-09-30_01_B2203; source_row=24452 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
The bylaws and reference letter established that nomination is based on background and volunteering experience, not outstanding achievements, and final selection is by member vote rather than recognized national or international experts.
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The bylaws and reference letter established that nomination is based on background and volunteering experience, not outstanding achievements, and final selection is by member vote rather than recognized national or international experts.
Exact record locator: findings_long.parquet filename_stem=2019-09-30_01_B2203; source_row=24448 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO agreed with the Petitioner that the Director applied an incorrect standard by requiring the salary to be among the highest, when the regulation only requires it to be relatively high.…
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The AAO agreed with the Petitioner that the Director applied an incorrect standard by requiring the salary to be among the highest, when the regulation only requires it to be relatively high. However, the AAO still found the criterion unmet because the Petitioner's salary compared below or only slightly above average at the more applicable level 3 wage for his qualifications, and the Hays report lacked research positions and local salary data for valid comparison.
Exact record locator: findings_long.parquet filename_stem=2019-09-30_01_B2203; source_row=24453 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO agreed with the Director that the Petitioner's peer review of journal articles, review of student award submissions, and chairing of symposia and conference sessions satisfied this criterion.
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The AAO agreed with the Director that the Petitioner's peer review of journal articles, review of student award submissions, and chairing of symposia and conference sessions satisfied this criterion.
Exact record locator: findings_long.parquet filename_stem=2019-09-30_01_B2203; source_row=24449 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Chemistry / Chemical EngineeringManager
Issue evaluated
EB-1A · Final merits
final merits determination
What the decision said
AAO declined to conduct a full final merits determination because the Petitioner did not meet the threshold criteria count, but noted in dicta that the full record does not support a finding of sustained acclaim.
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AAO declined to conduct a full final merits determination because the Petitioner did not meet the threshold criteria count, but noted in dicta that the full record does not support a finding of sustained acclaim.
Exact record locator: findings_long.parquet filename_stem=2019-09-30_01_B2203; source_row=24454 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The record established that the Petitioner authored at least two scholarly articles published in scientific journals at time of filing, and additional articles since, satisfying this criterion.
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The record established that the Petitioner authored at least two scholarly articles published in scientific journals at time of filing, and additional articles since, satisfying this criterion.
Exact record locator: findings_long.parquet filename_stem=2019-09-30_01_B2203; source_row=24451 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for organizations or establishments with a distinguished reputation
Why AAO was not persuaded
The letter from the federation official did not address how the Petitioner performed a leading or critical role and did not speak to the significance of his role with the organization. Awards and rankings specific to the Petitioner alone do not demonstrate a leading or critical role without additional corroborating evidence.…
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The letter from the federation official did not address how the Petitioner performed a leading or critical role and did not speak to the significance of his role with the organization. Awards and rankings specific to the Petitioner alone do not demonstrate a leading or critical role without additional corroborating evidence. Claims regarding a university swim team were abandoned on appeal and in any event lacked supporting letters from coaches or evidence of the university team's distinguished reputation.
Exact record locator: findings_long.parquet filename_stem=2019-09-27_01_B2203; source_row=24445 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material in professional or major trade publications or other major media
Why AAO was not persuaded
AAO agreed the articles were not about the Petitioner despite some mentioning his name in their titles; they reported competition results rather than focusing on the Petitioner himself. The ITAR-TASS article lacked an author's name. University athletics website submissions lacked complete documentation and the website does not qualify as major media. Published rankings are not 'articles about the Petitioner.'
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AAO agreed the articles were not about the Petitioner despite some mentioning his name in their titles; they reported competition results rather than focusing on the Petitioner himself. The ITAR-TASS article lacked an author's name. University athletics website submissions lacked complete documentation and the website does not qualify as major media. Published rankings are not 'articles about the Petitioner.'
Exact record locator: findings_long.parquet filename_stem=2019-09-27_01_B2203; source_row=24444 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages of multiple petitions
Why AAO was not persuaded
Net current assets of $302,365 fell far short of the $466,058.50 shortfall on five petitions' combined wages, and the Petitioner failed to even account for a sixth petition. Prorating the wage is not permitted under USCIS policy; unwithdrawn petitions for departed beneficiaries still count; a credit line is not an existing loan; bank balances were already captured in the net-current-assets figure; and the market-value argum…
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Net current assets of $302,365 fell far short of the $466,058.50 shortfall on five petitions' combined wages, and the Petitioner failed to even account for a sixth petition. Prorating the wage is not permitted under USCIS policy; unwithdrawn petitions for departed beneficiaries still count; a credit line is not an existing loan; bank balances were already captured in the net-current-assets figure; and the market-value argument was unsupported. A Sonegawa totality analysis also did not favor the Petitioner.
Exact record locator: findings_long.parquet filename_stem=2019-09-27_01_B5203; source_row=24447 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why the evidence was persuasive
AAO agreed that the Petitioner documented a bronze medal at a 2009 European championship event, a gold medal at a 2010 international series, and a gold medal at a 2013 event, with evidence of national/international recognition of these awards.
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AAO agreed that the Petitioner documented a bronze medal at a 2009 European championship event, a gold medal at a 2010 international series, and a gold medal at a 2013 event, with evidence of national/international recognition of these awards.
Exact record locator: findings_long.parquet filename_stem=2019-09-27_01_B2203; source_row=24442 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c