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ability to pay combined proffered wages of multiple petitions
Why AAO was not persuaded
The 2018 net current assets of $309,120 appear sufficient for the individual proffered wage, but USCIS records indicate at least four additional petitions beyond those the Director inquired about, whose combined proffered wages must also be demonstrated. The Director failed to request information on these additional petitions, necessitating remand.
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The 2018 net current assets of $309,120 appear sufficient for the individual proffered wage, but USCIS records indicate at least four additional petitions beyond those the Director inquired about, whose combined proffered wages must also be demonstrated. The Director failed to request information on these additional petitions, necessitating remand.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B5203; source_row=24256 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination
Why AAO was not persuaded
AAO noted that a full final merits determination was not required given the failure at step 1, but reviewed the record in the aggregate and found it did not establish sustained acclaim or placement among the small percentage at the top of the field.
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AAO noted that a full final merits determination was not required given the failure at step 1, but reviewed the record in the aggregate and found it did not establish sustained acclaim or placement among the small percentage at the top of the field.
Exact record locator: findings_long.parquet filename_stem=2019-07-24_01_B2203; source_row=24248 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
AAO found the Petitioner's comparison of the Beneficiary's salary to molecular biologists and biological scientists was inappropriate because her position was senior scientist; salary comparisons must be to those performing similar services.…
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AAO found the Petitioner's comparison of the Beneficiary's salary to molecular biologists and biological scientists was inappropriate because her position was senior scientist; salary comparisons must be to those performing similar services. The salarylist.com data for senior scientists showed the average was $86,781 and 'high' was $250,000, meaning the Beneficiary's $108,000 salary did not place her at the high end of the spectrum for other senior scientists.
Exact record locator: findings_long.parquet filename_stem=2019-07-24_01_B2203; source_row=24247 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
AAO found the recommendation letters speculated about potential future impact rather than demonstrating already-established major significance; patent citations were not shown to be commensurate with contributions of major significance; licensing/commercial marketing does not by itself show major significance; and evidence of impact on the overall field beyond the employer was lacking.
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Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found the recommendation letters speculated about potential future impact rather than demonstrating already-established major significance; patent citations were not shown to be commensurate with contributions of major significance; licensing/commercial marketing does not by itself show major significance; and evidence of impact on the overall field beyond the employer was lacking.
Exact record locator: findings_long.parquet filename_stem=2019-07-24_01_B2203; source_row=24244 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed with the Director that the Petitioner fulfilled the scholarly articles criterion, noting the Beneficiary authored approximately six scholarly articles in professional publications.
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AAO agreed with the Director that the Petitioner fulfilled the scholarly articles criterion, noting the Beneficiary authored approximately six scholarly articles in professional publications.
Exact record locator: findings_long.parquet filename_stem=2019-07-24_01_B2203; source_row=24245 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Leading / critical role
leading or critical role
Why the evidence was persuasive
AAO agreed with the Director that the Petitioner fulfilled the leading or critical role criterion, finding that evidence including press releases, promotional material, and independent clinical studies demonstrated the Beneficiary's critical role in developing the molecular diagnostic test.
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AAO agreed with the Director that the Petitioner fulfilled the leading or critical role criterion, finding that evidence including press releases, promotional material, and independent clinical studies demonstrated the Beneficiary's critical role in developing the molecular diagnostic test.
Exact record locator: findings_long.parquet filename_stem=2019-07-24_01_B2203; source_row=24246 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleNot established
Case facts
Mathematics / Statistics15 citations
Issue evaluated
EB-1A · Leading / critical role
leading or critical role
Why AAO was not persuaded
The AAO found that letters from colleagues attested to the Petitioner's engaging teaching methods but did not demonstrate that her role as a professor was of significant importance to the outcome of the organization's activities to constitute a critical role.
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The AAO found that letters from colleagues attested to the Petitioner's engaging teaching methods but did not demonstrate that her role as a professor was of significant importance to the outcome of the organization's activities to constitute a critical role.
Exact record locator: findings_long.parquet filename_stem=2019-07-23_01_B2203; source_row=24238 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO agreed with the Director that neither the AMS nor MAA require outstanding achievements for membership. The record also lacked evidence that the Math Alliance executive board position or the fellowship require outstanding achievements.
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The AAO agreed with the Director that neither the AMS nor MAA require outstanding achievements for membership. The record also lacked evidence that the Math Alliance executive board position or the fellowship require outstanding achievements.
Exact record locator: findings_long.parquet filename_stem=2019-07-23_01_B2203; source_row=24234 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the Petitioner did not submit evidence that the awards are nationally or internationally recognized, and the record did not establish that they were given for excellence in the field. Teaching-related and pedagogical awards do not satisfy the criterion, which requires excellence in the field of mathematics.
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The AAO found that the Petitioner did not submit evidence that the awards are nationally or internationally recognized, and the record did not establish that they were given for excellence in the field. Teaching-related and pedagogical awards do not satisfy the criterion, which requires excellence in the field of mathematics.
Exact record locator: findings_long.parquet filename_stem=2019-07-23_01_B2203; source_row=24233 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot established
Case facts
Mathematics / Statistics15 citations
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
The AAO found that the additional letters focused on mentoring, presentations, and grants rather than demonstrating impact on the field. Citation count and publications alone do not establish major significance, and much of the foreign-language documentation lacked certified translations.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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The AAO found that the additional letters focused on mentoring, presentations, and grants rather than demonstrating impact on the field. Citation count and publications alone do not establish major significance, and much of the foreign-language documentation lacked certified translations.
Exact record locator: findings_long.parquet filename_stem=2019-07-23_01_B2203; source_row=24236 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c