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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.
possession of U.S. bachelor's degree or single-source foreign equivalent degree
Why AAO was not persuaded
AAO concludes that even if the certificate is an official academic record, it is not a 'degree' from a college or university authorized under Indian law to confer degrees, and the three-year Indian bachelor's degree only equates to three years of U.S. university studies.
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AAO concludes that even if the certificate is an official academic record, it is not a 'degree' from a college or university authorized under Indian law to confer degrees, and the three-year Indian bachelor's degree only equates to three years of U.S. university studies.
Exact record locator: findings_long.parquet filename_stem=2017-11-29_03_B5203; source_row=22112 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
minimum experience in substantially different position
Why AAO was not persuaded
Multiple conflicting letters from the Petitioner's vice president—one describing the same duties as the offered position, another stating no duties overlapped, and a third claiming the Beneficiary had experience 'in the position offered'—created unresolved discrepancies.…
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Multiple conflicting letters from the Petitioner's vice president—one describing the same duties as the offered position, another stating no duties overlapped, and a third claiming the Beneficiary had experience 'in the position offered'—created unresolved discrepancies. Counsel's unsupported assertion of inadvertent error does not constitute evidence, and the organizational chart and missing percentage-of-time data further undermined the Petitioner's claims.
Exact record locator: findings_long.parquet filename_stem=2017-11-29_02_B5203; source_row=22110 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO raised this issue sua sponte. The record lacked required annual reports, tax returns, or audited financial statements for 2015 and 2016, and contained no information to assess the Petitioner's ability to pay combined proffered wages across 101 other petitions filed after the priority date.
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AAO raised this issue sua sponte. The record lacked required annual reports, tax returns, or audited financial statements for 2015 and 2016, and contained no information to assess the Petitioner's ability to pay combined proffered wages across 101 other petitions filed after the priority date.
Exact record locator: findings_long.parquet filename_stem=2017-11-29_02_B5203; source_row=22111 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
continuing ability to pay proffered wage from priority date
Why AAO was not persuaded
Payments to the Beneficiary in 2016 ($66,510.57 through July 15) fell below the annual proffered wage range, and the CFO letter is insufficient given multiple other I-140 filings without information about combined proffered wages.
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Payments to the Beneficiary in 2016 ($66,510.57 through July 15) fell below the annual proffered wage range, and the CFO letter is insufficient given multiple other I-140 filings without information about combined proffered wages.
Exact record locator: findings_long.parquet filename_stem=2017-11-29_03_B5203; source_row=22113 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
For 2015, the Petitioner's net income was $30,010 and net current assets were -$99, insufficient to cover the $75,608 shortfall. For 2016, net income was $47,057 and net current assets were -$3,623, insufficient to cover the $50,890 shortfall.
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For 2015, the Petitioner's net income was $30,010 and net current assets were -$99, insufficient to cover the $75,608 shortfall. For 2016, net income was $47,057 and net current assets were -$3,623, insufficient to cover the $50,890 shortfall.
Exact record locator: findings_long.parquet filename_stem=2017-11-29_01_B5203; source_row=22108 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner did not employ the Beneficiary in 2015, and in 2016 paid only $24,718 of the $75,608 proffered wage, falling short in both years. Paying at the hourly rate equivalent to the proffered wage does not satisfy the continuing requirement dating back to the November 7, 2015 priority date.
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The Petitioner did not employ the Beneficiary in 2015, and in 2016 paid only $24,718 of the $75,608 proffered wage, falling short in both years. Paying at the hourly rate equivalent to the proffered wage does not satisfy the continuing requirement dating back to the November 7, 2015 priority date.
Exact record locator: findings_long.parquet filename_stem=2017-11-29_01_B5203; source_row=22107 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Bank statements reflect funds on a given date rather than a sustained ability to pay. The Petitioner failed to submit financial history supporting claimed success since 2005, showed declining rather than growing revenue, did not claim extraordinary losses or expenses, and submitted no evidence of industry reputation such as client letters.
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Bank statements reflect funds on a given date rather than a sustained ability to pay. The Petitioner failed to submit financial history supporting claimed success since 2005, showed declining rather than growing revenue, did not claim extraordinary losses or expenses, and submitted no evidence of industry reputation such as client letters.
Exact record locator: findings_long.parquet filename_stem=2017-11-29_01_B5203; source_row=22109 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
five years post-baccalaureate experience equivalent to master's degree
Why AAO was not persuaded
AAO conducted a case-specific analysis and found that completing coursework in 1997 did not satisfy all substantive requirements for the Titulo, which also requires a thesis, social service period, and professional examination.…
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AAO conducted a case-specific analysis and found that completing coursework in 1997 did not satisfy all substantive requirements for the Titulo, which also requires a thesis, social service period, and professional examination. The Pasante documents do not establish degree conferral, and AACRAO EDGE materials—including the source cited by the Petitioner's own evaluator—confirm that a Pasante should not be treated as equivalent to a Titulo or U.S. bachelor's degree.
Exact record locator: findings_long.parquet filename_stem=2017-11-28_01_B5203; source_row=22104 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Director erred by failing to conduct a full Sonegawa analysis and by failing to address the totality of the Petitioner's circumstances and the other evidence submitted. The case was remanded for a new analysis considering 2016 evidence and the Sonegawa factors.
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AAO found the Director erred by failing to conduct a full Sonegawa analysis and by failing to address the totality of the Petitioner's circumstances and the other evidence submitted. The case was remanded for a new analysis considering 2016 evidence and the Sonegawa factors.
Exact record locator: findings_long.parquet filename_stem=2017-11-28_02_B5203; source_row=22105 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets minimum educational requirements of labor certification
What the decision said
AAO noted the Beneficiary's degree is in applied mathematics, which may or may not satisfy the labor certification's requirement of information systems, computer science, or engineering. AAO reserved this question for the Director to resolve on remand.
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AAO noted the Beneficiary's degree is in applied mathematics, which may or may not satisfy the labor certification's requirement of information systems, computer science, or engineering. AAO reserved this question for the Director to resolve on remand.
Exact record locator: findings_long.parquet filename_stem=2017-11-28_02_B5203; source_row=22106 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c