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.
Ability to pay combined proffered wages of all applicable petitions
Why AAO was not persuaded
Under 8 C.F.R. § 204.5(g)(2), a petitioner must demonstrate ability to pay the proffered wage of each petition it files. The combined proffered wages of seven other petitions totaled $577,595; the Petitioner paid other beneficiaries $323,367.84 against that obligation, leaving a gap of over $254,000.…
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Under 8 C.F.R. § 204.5(g)(2), a petitioner must demonstrate ability to pay the proffered wage of each petition it files. The combined proffered wages of seven other petitions totaled $577,595; the Petitioner paid other beneficiaries $323,367.84 against that obligation, leaving a gap of over $254,000. Net income and net current assets were insufficient to cover that difference, and at least one petition was omitted from the Petitioner's chart.
Exact record locator: findings_long.parquet filename_stem=2018-06-29_01_B5203; source_row=22838 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Intention to permanently employ the Beneficiary in the offered position
Why AAO was not persuaded
A USCIS site visit found that the Petitioner's only client had abandoned its office and ceased doing business, undermining the labor certification's statement that the Beneficiary would work at client sites.
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A USCIS site visit found that the Petitioner's only client had abandoned its office and ceased doing business, undermining the labor certification's statement that the Beneficiary would work at client sites.
Exact record locator: findings_long.parquet filename_stem=2018-06-29_01_B5203; source_row=22840 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Wages paid to beneficiary equal or exceed proffered wage
Why AAO was not persuaded
The Petitioner paid $60,734.49 in 2016, which does not meet the annual proffered wage of $81,952. USCIS policy does not permit proration, and even if it did, the W-2 includes pre-priority-date payments and would not establish ability to pay the prorated wage after the priority date.
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The Petitioner paid $60,734.49 in 2016, which does not meet the annual proffered wage of $81,952. USCIS policy does not permit proration, and even if it did, the W-2 includes pre-priority-date payments and would not establish ability to pay the prorated wage after the priority date.
Exact record locator: findings_long.parquet filename_stem=2018-06-29_01_B5203; source_row=22837 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
A single citation in another author's book chapter and web articles about the beneficiary's graduate school experiences, from sites not shown to be major trade publications or major media, do not meet the plain language requirement that the beneficiary be the subject of published material.
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A single citation in another author's book chapter and web articles about the beneficiary's graduate school experiences, from sites not shown to be major trade publications or major media, do not meet the plain language requirement that the beneficiary be the subject of published material.
Exact record locator: findings_long.parquet filename_stem=2018-06-28_01_B2203; source_row=22831 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
final merits determination — sustained national or international acclaim
Why AAO was not persuaded
Despite positive indicators such as a selective scholarship, internal acclaim at the employer, a blog with notable subscribers, and leadership roles, none of the evidence established sustained national or international acclaim or that the beneficiary has risen to the very top of the field of business strategy and leadership.
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Despite positive indicators such as a selective scholarship, internal acclaim at the employer, a blog with notable subscribers, and leadership roles, none of the evidence established sustained national or international acclaim or that the beneficiary has risen to the very top of the field of business strategy and leadership.
Exact record locator: findings_long.parquet filename_stem=2018-06-28_01_B2203; source_row=22834 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
intended work will require exceptional ability (Schedule A Group II)
Why the evidence was persuasive
AAO accepts that the Petitioner's reputation and history of high-profile projects, combined with AAO's prior finding that the Beneficiary's work on the cited project denoted exceptional ability, establishes that future work for the Petitioner will require exceptional ability.
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AAO accepts that the Petitioner's reputation and history of high-profile projects, combined with AAO's prior finding that the Beneficiary's work on the cited project denoted exceptional ability, establishes that future work for the Petitioner will require exceptional ability.
Exact record locator: findings_long.parquet filename_stem=2018-06-28_01_B5203; source_row=22836 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
On reconsideration, AAO concludes the majority of duties listed on the ETA 9089 are those of a fine artist, and some interior-design work the Beneficiary performed also involved fine-artist duties, so the record establishes 10 years of qualifying experience by a preponderance of the evidence.
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On reconsideration, AAO concludes the majority of duties listed on the ETA 9089 are those of a fine artist, and some interior-design work the Beneficiary performed also involved fine-artist duties, so the record establishes 10 years of qualifying experience by a preponderance of the evidence.
Exact record locator: findings_long.parquet filename_stem=2018-06-28_01_B5203; source_row=22835 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsEstablishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why the evidence was persuasive
The beneficiary's work developing a product strategy framework and newsletter at his employer constituted original contributions of major significance within the company.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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The beneficiary's work developing a product strategy framework and newsletter at his employer constituted original contributions of major significance within the company.
Exact record locator: findings_long.parquet filename_stem=2018-06-28_01_B2203; source_row=22832 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleEstablishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
EB-1A · Leading / critical role
leading or critical role for distinguished organizations
Why the evidence was persuasive
The record showed that the beneficiary led Product Strategy and Business Operations for Sponsored Content and led a team to develop a highly successful product, satisfying the leading or critical role criterion.
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The record showed that the beneficiary led Product Strategy and Business Operations for Sponsored Content and led a team to develop a highly successful product, satisfying the leading or critical role criterion.
Exact record locator: findings_long.parquet filename_stem=2018-06-28_01_B2203; source_row=22833 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's membership in a selective scholarship program open to a small percentage of graduate students was sufficient to satisfy this criterion.
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The beneficiary's membership in a selective scholarship program open to a small percentage of graduate students was sufficient to satisfy this criterion.
Exact record locator: findings_long.parquet filename_stem=2018-06-28_01_B2203; source_row=22830 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c