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AAO found the evidence sufficient to establish the Beneficiary's participation as a judge of the work of others, reversing the Director's finding on this criterion.
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AAO found the evidence sufficient to establish the Beneficiary's participation as a judge of the work of others, reversing the Director's finding on this criterion.
Exact record locator: findings_long.parquet filename_stem=2017-12-19_03_B2203; source_row=22160 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination
What the decision said
AAO explicitly declined to reach a full final merits determination because the Petitioner failed to meet the initial evidentiary threshold, though AAO noted the aggregate record would not support extraordinary ability.
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AAO explicitly declined to reach a full final merits determination because the Petitioner failed to meet the initial evidentiary threshold, though AAO noted the aggregate record would not support extraordinary ability.
Exact record locator: findings_long.parquet filename_stem=2017-12-19_03_B2203; source_row=22165 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The degree documents showed a 1988 graduation year rather than 1998 as attested on the labor certification, and the student name on the documents did not match the Beneficiary's name, leaving unresolved inconsistencies that prevented establishing possession of the required degree.
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The degree documents showed a 1988 graduation year rather than 1998 as attested on the labor certification, and the student name on the documents did not match the Beneficiary's name, leaving unresolved inconsistencies that prevented establishing possession of the required degree.
Exact record locator: findings_long.parquet filename_stem=2017-12-19_01_B5203; source_row=22157 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner submitted only a 2015 tax return on appeal and previously submitted 2016 financial statements that were not audited. Without a qualifying financial document for the 2016 priority date year, and given the additional burden of two other approved petitions, the Petitioner has not demonstrated ability to pay.
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The Petitioner submitted only a 2015 tax return on appeal and previously submitted 2016 financial statements that were not audited. Without a qualifying financial document for the 2016 priority date year, and given the additional burden of two other approved petitions, the Petitioner has not demonstrated ability to pay.
Exact record locator: findings_long.parquet filename_stem=2017-12-19_01_B5203; source_row=22156 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
five years of post-baccalaureate experience in job offered
Why AAO was not persuaded
The employer letter stated the Beneficiary's last position but did not indicate how long she held it. The attached job duties description was not referenced in the letter, was not on agency stationery, and was unsigned, making it unreliable. The record therefore lacked a sufficient description of qualifying experience.
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The employer letter stated the Beneficiary's last position but did not indicate how long she held it. The attached job duties description was not referenced in the letter, was not on agency stationery, and was unsigned, making it unreliable. The record therefore lacked a sufficient description of qualifying experience.
Exact record locator: findings_long.parquet filename_stem=2017-12-19_01_B5203; source_row=22158 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Qualifying work experience per labor certification
Why AAO was not persuaded
Numerous unresolved inconsistencies in the Beneficiary's employment and residential documentation—including conflicting dates, addresses, and employer references across multiple labor certifications, pay statements, W-2s, and leases—precluded a finding that the Beneficiary had 12 months of qualifying experience by the priority date.
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Numerous unresolved inconsistencies in the Beneficiary's employment and residential documentation—including conflicting dates, addresses, and employer references across multiple labor certifications, pay statements, W-2s, and leases—precluded a finding that the Beneficiary had 12 months of qualifying experience by the priority date.
Exact record locator: findings_long.parquet filename_stem=2017-12-15_01_B5203; source_row=22148 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Fraud or willful misrepresentation of a material fact
Why AAO was not persuaded
The AAO found the Director's fraud finding both procedurally deficient (failing to specify who committed fraud, which document was involved, and what type of misconduct was found) and substantively unsupported, concluding the inconsistencies did not rise to the level of fraud or willful misrepresentation.
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The AAO found the Director's fraud finding both procedurally deficient (failing to specify who committed fraud, which document was involved, and what type of misconduct was found) and substantively unsupported, concluding the inconsistencies did not rise to the level of fraud or willful misrepresentation.
Exact record locator: findings_long.parquet filename_stem=2017-12-15_01_B5203; source_row=22149 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Physics2,009 papers
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
Although AAO found the work had substantial merit as it supports engineering consulting and custom software development, the Petitioner failed to demonstrate prospective impact beyond his employer and its clients. He did not show original innovations affecting broader industries or wider implications in the software development field.
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Although AAO found the work had substantial merit as it supports engineering consulting and custom software development, the Petitioner failed to demonstrate prospective impact beyond his employer and its clients. He did not show original innovations affecting broader industries or wider implications in the software development field.
Exact record locator: findings_long.parquet filename_stem=2017-12-14_01_B5203; source_row=22140 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
The reference letters, reviews, and sales evidence did not show how the Petitioner's work substantially impacted the visual arts field as a whole, influenced other artists, or otherwise rose to the level of original contributions of major significance. Letters were vague and prospective in nature, and sales demonstrated only an ability to earn a living as an artist.
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Distinguish original work from evidence that the contribution had major significance across the field.
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The reference letters, reviews, and sales evidence did not show how the Petitioner's work substantially impacted the visual arts field as a whole, influenced other artists, or otherwise rose to the level of original contributions of major significance. Letters were vague and prospective in nature, and sales demonstrated only an ability to earn a living as an artist.
Exact record locator: findings_long.parquet filename_stem=2017-12-14_01_B2203; source_row=22136 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
intent to continue work in area of extraordinary ability
Why AAO was not persuaded
The employment letters did not demonstrate the positions were in the area of the Petitioner's claimed extraordinary ability (visual arts), and no other evidence established intent to continue working in that field.
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The employment letters did not demonstrate the positions were in the area of the Petitioner's claimed extraordinary ability (visual arts), and no other evidence established intent to continue working in that field.
Exact record locator: findings_long.parquet filename_stem=2017-12-14_02_B2203; source_row=22147 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c