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Continuous work in the area of extraordinary ability (8 C.F.R. § 204.5(h)(5))
Why the evidence was persuasive
AAO found that the Petitioner's statement detailing plans to manage and expand a dental practice incorporating public health principles sufficiently met the requirement under 8 C.F.R. § 204.5(h)(5), and withdrew the Director's contrary finding.
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AAO found that the Petitioner's statement detailing plans to manage and expand a dental practice incorporating public health principles sufficiently met the requirement under 8 C.F.R. § 204.5(h)(5), and withdrew the Director's contrary finding.
Exact record locator: findings_long.parquet filename_stem=2019-04-16_02_B2203; source_row=23836 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Medicine / ClinicalManager
Issue evaluated
EB-1A · Final merits
Final merits determination
What the decision said
AAO declined to fully address the final merits determination because the Petitioner failed to meet the threshold of three criteria at step 1, though it noted in passing that the aggregate record does not support the required acclaim.
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AAO declined to fully address the final merits determination because the Petitioner failed to meet the threshold of three criteria at step 1, though it noted in passing that the aggregate record does not support the required acclaim.
Exact record locator: findings_long.parquet filename_stem=2019-04-16_02_B2203; source_row=23841 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possession of DOL-certified minimum experience and skills by priority date
Why AAO was not persuaded
AAO found that none of the submitted evidence sufficiently established the Beneficiary's possession of at least two years of experience with the skills specified in the labor certification.…
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AAO found that none of the submitted evidence sufficiently established the Beneficiary's possession of at least two years of experience with the skills specified in the labor certification. Company documents lacked job duty descriptions; the HR letter invoked confidentiality and omitted duties; the third-party letter was unreliable for lack of explained basis of knowledge; the current-manager letter did not confirm when or where the skills were acquired; and the 2018 job description was not reliably connected to the Beneficiary's prior role and also omitted two required skills.
Exact record locator: findings_long.parquet filename_stem=2019-04-16_01_B5203; source_row=23835 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
EB-1A · Final merits
final merits determination — sustained national or international acclaim
What the decision said
AAO explicitly declined to reach the final merits determination because the Petitioner failed to satisfy the threshold criterion of meeting at least three evidentiary criteria. In an advisory note, AAO found the aggregate record insufficient to establish sustained national or international acclaim.
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AAO explicitly declined to reach the final merits determination because the Petitioner failed to satisfy the threshold criterion of meeting at least three evidentiary criteria. In an advisory note, AAO found the aggregate record insufficient to establish sustained national or international acclaim.
Exact record locator: findings_long.parquet filename_stem=2019-04-16_03_B2203; source_row=23847 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the venture had substantial merit but found it lacked national importance. Employing 20–30 workers at an average wage of ~$3,400 per quarter in a community of ~14,000 does not show significant potential to employ U.S. workers or substantial positive economic effects, and the endeavor does not extend benefits beyond the local community to impact the restaurant industry more broadly.
Why this is useful
Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.
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AAO agreed the venture had substantial merit but found it lacked national importance. Employing 20–30 workers at an average wage of ~$3,400 per quarter in a community of ~14,000 does not show significant potential to employ U.S. workers or substantial positive economic effects, and the endeavor does not extend benefits beyond the local community to impact the restaurant industry more broadly.
Exact record locator: findings_long.parquet filename_stem=2019-04-15_01_B5203; source_row=23826 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the Director's reliance solely on the business plan was misapplied, but still found the prong unmet: the tax return schedules were incomplete and lacked signatures or IRS filing evidence; the communication degree was not shown relevant to the endeavor; and the prior employment record contained an unexplained conflict between simultaneous full-time positions and omissions on the ETA-750B.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO agreed the Director's reliance solely on the business plan was misapplied, but still found the prong unmet: the tax return schedules were incomplete and lacked signatures or IRS filing evidence; the communication degree was not shown relevant to the endeavor; and the prior employment record contained an unexplained conflict between simultaneous full-time positions and omissions on the ETA-750B.
Exact record locator: findings_long.parquet filename_stem=2019-04-15_01_B5203; source_row=23827 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the regulatory definition of 'advanced degree' does not require that the degree be in the specific field of employment, and that a baccalaureate plus five years of progressive experience in the specialty suffices. The Petitioner's BA plus her restaurant ownership experience meets this standard.
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AAO found that the regulatory definition of 'advanced degree' does not require that the degree be in the specific field of employment, and that a baccalaureate plus five years of progressive experience in the specialty suffices. The Petitioner's BA plus her restaurant ownership experience meets this standard.
Exact record locator: findings_long.parquet filename_stem=2019-04-15_01_B5203; source_row=23825 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceReservedAutomated extraction · broader context
Case facts
Business / ManagementPhysician
Issue evaluated
NIW · Waiver on balance
On balance, beneficial to waive job offer and labor certification
What the decision said
AAO declined to analyze prong three, finding that because prongs one and two were not met, further discussion of the balancing factors would serve no meaningful purpose.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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AAO declined to analyze prong three, finding that because prongs one and two were not met, further discussion of the balancing factors would serve no meaningful purpose.
Exact record locator: findings_long.parquet filename_stem=2019-04-15_01_B5203; source_row=23828 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c