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.
Beneficiary meets DOL-certified job requirements by priority date
Why AAO was not persuaded
AAO raised this issue sua sponte. The Beneficiary's submitted diploma did not identify her field of study, and no other academic records were in the record, so the record failed to confirm she possessed a doctorate in architecture or a related field as required by the labor certification.
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AAO raised this issue sua sponte. The Beneficiary's submitted diploma did not identify her field of study, and no other academic records were in the record, so the record failed to confirm she possessed a doctorate in architecture or a related field as required by the labor certification.
Exact record locator: findings_long.parquet filename_stem=2018-08-30_03_B5203; source_row=23047 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
ability to pay proffered wage from priority date onward
Why AAO was not persuaded
The Petitioner did not provide required evidence for 2013, 2014, and 2015, and failed to address the combined proffered wages of multiple petitions. Online articles and the headcount argument did not overcome the documented net losses and declining revenues. The 2016 tax return itself showed a 2015 net loss over $1.27 million, contradicting the claimed overall profit.
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The Petitioner did not provide required evidence for 2013, 2014, and 2015, and failed to address the combined proffered wages of multiple petitions. Online articles and the headcount argument did not overcome the documented net losses and declining revenues. The 2016 tax return itself showed a 2015 net loss over $1.27 million, contradicting the claimed overall profit.
Exact record locator: findings_long.parquet filename_stem=2018-08-30_02_B5203; source_row=23044 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner failed to provide required employer letters or objective evidence of qualifying experience, and some experience was barred because it was gained in a substantially comparable role with the Petitioner. No new evidence or argument was offered on motion.
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The Petitioner failed to provide required employer letters or objective evidence of qualifying experience, and some experience was barred because it was gained in a substantially comparable role with the Petitioner. No new evidence or argument was offered on motion.
Exact record locator: findings_long.parquet filename_stem=2018-08-30_02_B5203; source_row=23045 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Acquisition timing (after labor certification filing or approval)
Why AAO was not persuaded
USCIS policy limits successor-in-interest determinations to transfers of ownership that occur while a labor certification application is pending or after DOL approval; because the Petitioner acquired the employer roughly two months before the application was filed, it cannot use the certification even if it otherwise qualified as a successor.
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USCIS policy limits successor-in-interest determinations to transfers of ownership that occur while a labor certification application is pending or after DOL approval; because the Petitioner acquired the employer roughly two months before the application was filed, it cannot use the certification even if it otherwise qualified as a successor.
Exact record locator: findings_long.parquet filename_stem=2018-08-30_01_B5203; source_row=23042 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
In a reverse triangular merger, the acquired corporation's rights and obligations are not transferred to the acquiring parent; the certification employer survived intact, so the Petitioner was never vested with its rights and duties.
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In a reverse triangular merger, the acquired corporation's rights and obligations are not transferred to the acquiring parent; the certification employer survived intact, so the Petitioner was never vested with its rights and duties.
Exact record locator: findings_long.parquet filename_stem=2018-08-30_01_B5203; source_row=23041 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the evidence insufficient because while the Petitioner appears to have a qualification as a referee, the record does not establish that she actually served as a judge of the work of others at a gymnastics tournament or in an allied field.
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AAO found the evidence insufficient because while the Petitioner appears to have a qualification as a referee, the record does not establish that she actually served as a judge of the work of others at a gymnastics tournament or in an allied field.
Exact record locator: findings_long.parquet filename_stem=2018-08-24_01_B2203; source_row=23037 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO disagreed with the Director, finding that acceptance notices alone are insufficient; the regulation requires actual publication, and no evidence of actual publication was in the record.
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AAO disagreed with the Director, finding that acceptance notices alone are insufficient; the regulation requires actual publication, and no evidence of actual publication was in the record.
Exact record locator: findings_long.parquet filename_stem=2018-08-24_01_B2203; source_row=23039 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination – sustained national or international acclaim
Why AAO was not persuaded
AAO agreed the final merits standard was not met. The Petitioner's international acclaim as an athlete was approximately 24 years old at the time of filing and was not demonstrated to be sustained. Her coaching career lacked national or international acclaim, and evidence of coaching success related to the early stages of her career rather than placing her at the top of the field.
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AAO agreed the final merits standard was not met. The Petitioner's international acclaim as an athlete was approximately 24 years old at the time of filing and was not demonstrated to be sustained. Her coaching career lacked national or international acclaim, and evidence of coaching success related to the early stages of her career rather than placing her at the top of the field.
Exact record locator: findings_long.parquet filename_stem=2018-08-24_01_B2203; source_row=23040 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 agreed the criterion was not met. The papers lacked specific methods/proposals demonstrating originality, and supporting letters were conclusory without describing specific implemented changes. The evidence of coaching young gymnasts did not show major impact on the field.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO agreed the criterion was not met. The papers lacked specific methods/proposals demonstrating originality, and supporting letters were conclusory without describing specific implemented changes. The evidence of coaching young gymnasts did not show major impact on the field.
Exact record locator: findings_long.parquet filename_stem=2018-08-24_01_B2203; source_row=23038 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why the evidence was persuasive
AAO disagreed with the Director's exclusion of athletic-career evidence and found that the Petitioner's awards at lesser international and national competitions (e.g., second place in women's all-around and first place in uneven bars at 1991 competitions) satisfy this criterion.
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AAO disagreed with the Director's exclusion of athletic-career evidence and found that the Petitioner's awards at lesser international and national competitions (e.g., second place in women's all-around and first place in uneven bars at 1991 competitions) satisfy this criterion.
Exact record locator: findings_long.parquet filename_stem=2018-08-24_01_B2203; source_row=23034 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c