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AAO disagreed with the director, finding that membership on the Polish national team and representation at the Summer Olympic Games satisfies the membership criterion requiring outstanding achievements judged by recognized national or international experts.
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AAO disagreed with the director, finding that membership on the Polish national team and representation at the Summer Olympic Games satisfies the membership criterion requiring outstanding achievements judged by recognized national or international experts.
Exact record locator: findings_long.parquet filename_stem=2018-04-18_01_B2203; source_row=22581 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO affirmed that the Petitioner's withdrawal of the other petition after receiving the NOIR did not cure the deficiency because the relevant timeframe in revocation proceedings is the state of affairs at the petition's approval, when the other petition remained approved. Net income, payments, net current assets, and Sonegawa factors all failed to establish ability to pay combined wages.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO affirmed that the Petitioner's withdrawal of the other petition after receiving the NOIR did not cure the deficiency because the relevant timeframe in revocation proceedings is the state of affairs at the petition's approval, when the other petition remained approved. Net income, payments, net current assets, and Sonegawa factors all failed to establish ability to pay combined wages.
Exact record locator: findings_long.parquet filename_stem=2018-04-18_02_B5203; source_row=22592 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Chemistry / Chemical Engineering
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
The AAO found that while testimonial letters showed some researchers were inspired by the Petitioner's work and citation counts were noted, the record lacked specific evidence demonstrating that the work had already significantly impacted the field as a whole. Letters describing potential future impact and general inspiration do not satisfy the requirement of already-realized contributions of major significance.
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 while testimonial letters showed some researchers were inspired by the Petitioner's work and citation counts were noted, the record lacked specific evidence demonstrating that the work had already significantly impacted the field as a whole. Letters describing potential future impact and general inspiration do not satisfy the requirement of already-realized contributions of major significance.
Exact record locator: findings_long.parquet filename_stem=2018-04-17_01_B2203; source_row=22573 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO concurred with the Director that the Petitioner's documented authorship of scholarly articles in professional publications satisfies this criterion.
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See how AAO evaluated whether the work qualified as scholarly authorship and what it showed in the full record.
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The AAO concurred with the Director that the Petitioner's documented authorship of scholarly articles in professional publications satisfies this criterion.
Exact record locator: findings_long.parquet filename_stem=2018-04-17_01_B2203; source_row=22574 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Bank statements are not among the three required types of evidence under 8 C.F.R. § 204.5(g)(2), and the Petitioner did not explain why this was an 'appropriate case' for their consideration. Moreover, bank statements show a balance on a given date but not a sustainable ability to pay. The 1993 AAU decision cited by the Petitioner was unpublished and thus not binding.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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Bank statements are not among the three required types of evidence under 8 C.F.R. § 204.5(g)(2), and the Petitioner did not explain why this was an 'appropriate case' for their consideration. Moreover, bank statements show a balance on a given date but not a sustainable ability to pay. The 1993 AAU decision cited by the Petitioner was unpublished and thus not binding.
Exact record locator: findings_long.parquet filename_stem=2018-04-17_01_B5203; source_row=22578 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay via net income or net current assets
Why AAO was not persuaded
The Petitioner's net income was $10,093 in 2015 and $7,030 in 2016, and it had net current liabilities (not assets) of $7,676 and $9,701 respectively—all insufficient to cover the $27,048 gap between wages paid and the proffered wage.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The Petitioner's net income was $10,093 in 2015 and $7,030 in 2016, and it had net current liabilities (not assets) of $7,676 and $9,701 respectively—all insufficient to cover the $27,048 gap between wages paid and the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2018-04-17_01_B5203; source_row=22577 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c