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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.
successor in interest to labor certification employer
Why AAO was not persuaded
AAO concluded the Petitioner did not demonstrate acquisition of the labor certification employer's rights and obligations, did not document an ownership transfer, and that a common third-party acquirer does not make the Petitioner a successor to its sister entity.
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AAO concluded the Petitioner did not demonstrate acquisition of the labor certification employer's rights and obligations, did not document an ownership transfer, and that a common third-party acquirer does not make the Petitioner a successor to its sister entity.
Exact record locator: findings_long.parquet filename_stem=2018-05-03_02_B5203; source_row=22641 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary's qualifying experience per labor certification
Why AAO was not persuaded
Excluding two years of experience the Beneficiary gained with the labor certification employer in the same job, and treating part-time experience as half-time, the record showed only about 2 years 10 months of qualifying experience, short of the required 3 years.
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Excluding two years of experience the Beneficiary gained with the labor certification employer in the same job, and treating part-time experience as half-time, the record showed only about 2 years 10 months of qualifying experience, short of the required 3 years.
Exact record locator: findings_long.parquet filename_stem=2018-05-03_02_B5203; source_row=22642 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The acquisition agreement was missing pages and did not address subsidiaries; no evidence corroborated the claimed transfer of prepaid card programs from the labor certification employer to Petitioner.
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The acquisition agreement was missing pages and did not address subsidiaries; no evidence corroborated the claimed transfer of prepaid card programs from the labor certification employer to Petitioner.
Exact record locator: findings_long.parquet filename_stem=2018-05-03_03_B5203; source_row=22643 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
three years of qualifying experience by priority date
Why AAO was not persuaded
Experience with the labor certification employer in the same offered position must be excluded under 20 C.F.R. § 656.17(i)(3); the remaining full-time experience plus part-time experience (counted at half-time) totals less than three years of full-time qualifying experience.
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Experience with the labor certification employer in the same offered position must be excluded under 20 C.F.R. § 656.17(i)(3); the remaining full-time experience plus part-time experience (counted at half-time) totals less than three years of full-time qualifying experience.
Exact record locator: findings_long.parquet filename_stem=2018-05-03_03_B5203; source_row=22644 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO agreed with the Director that the Petitioner's authorship of more than 20 articles in peer-reviewed scientific journals satisfies this criterion.
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The AAO agreed with the Director that the Petitioner's authorship of more than 20 articles in peer-reviewed scientific journals satisfies this criterion.
Exact record locator: findings_long.parquet filename_stem=2018-05-03_01_B2203; source_row=22635 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO agreed with the Director that the Petitioner's service as a reviewer for a workshop and three scientific journals on eight occasions satisfies the plain language of this criterion.
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The AAO agreed with the Director that the Petitioner's service as a reviewer for a workshop and three scientific journals on eight occasions satisfies the plain language of this criterion.
Exact record locator: findings_long.parquet filename_stem=2018-05-03_01_B2203; source_row=22633 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Minimum experience requirement per labor certification
Why AAO was not persuaded
AAO found that the Beneficiary's Form G-325A, on which he listed 'none' for employment in the last five years and no foreign occupation, directly contradicted the employment history he claimed on the labor certification, undermining the employer letters submitted in support.
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AAO found that the Beneficiary's Form G-325A, on which he listed 'none' for employment in the last five years and no foreign occupation, directly contradicted the employment history he claimed on the labor certification, undermining the employer letters submitted in support.
Exact record locator: findings_long.parquet filename_stem=2018-05-02_01_B5203; source_row=22631 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Minimum education requirement per labor certification
Why AAO was not persuaded
AAO held that Section H of the labor certification plainly states no foreign educational equivalent is acceptable, and USCIS must read and apply the plain language of the labor certification as completed.…
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AAO held that Section H of the labor certification plainly states no foreign educational equivalent is acceptable, and USCIS must read and apply the plain language of the labor certification as completed. The Petitioner's argument that the entry was a clerical error was unpersuasive because it was not analogous to the minor typographical errors in the cited BALCA cases, and post-filing modification of a labor certification filed after July 16, 2007 is barred.
Exact record locator: findings_long.parquet filename_stem=2018-05-02_01_B5203; source_row=22630 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum educational requirements of labor certification
Why AAO was not persuaded
The labor certification expressly states that no foreign educational equivalent is acceptable and requires a U.S. bachelor's or master's degree. The Beneficiary holds only an Indian bachelor of technology degree. Section H controls the job requirements; sections J and K address only the Beneficiary's individual qualifications. The labor certification cannot be modified after filing under 20 C.F.R.…
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The labor certification expressly states that no foreign educational equivalent is acceptable and requires a U.S. bachelor's or master's degree. The Beneficiary holds only an Indian bachelor of technology degree. Section H controls the job requirements; sections J and K address only the Beneficiary's individual qualifications. The labor certification cannot be modified after filing under 20 C.F.R. § 656.11(b), and USCIS must read and apply the plain language of the certified job offer.
Exact record locator: findings_long.parquet filename_stem=2018-05-02_02_B5203; source_row=22632 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material about the alien
Why AAO was not persuaded
AAO found the caption was not directly about the Petitioner and that the article in the second publication did not demonstrate acclaim; evidence considered in final merits determination rather than as a qualifying criterion.
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AAO found the caption was not directly about the Petitioner and that the article in the second publication did not demonstrate acclaim; evidence considered in final merits determination rather than as a qualifying criterion.
Exact record locator: findings_long.parquet filename_stem=2018-04-30_01_B2203; source_row=22624 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c