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The record as of the petition's approval did not establish the Petitioner's ability to pay the combined proffered wages of all pending/approved petitions, including at least 10 other petitions that remained pending or approved as of the priority date.
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The record as of the petition's approval did not establish the Petitioner's ability to pay the combined proffered wages of all pending/approved petitions, including at least 10 other petitions that remained pending or approved as of the priority date.
Exact record locator: findings_long.parquet filename_stem=2017-08-18_02_B5203; source_row=21729 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Multiple Modular Container factors—including familial relationship between the Beneficiary and the sole shareholder, co-habitation, the Beneficiary's role as vice president and director, and his shareholder status—cast doubt on the bona fides of the job opportunity and were not addressed by the prior NOIR or revocation decision.
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Multiple Modular Container factors—including familial relationship between the Beneficiary and the sole shareholder, co-habitation, the Beneficiary's role as vice president and director, and his shareholder status—cast doubt on the bona fides of the job opportunity and were not addressed by the prior NOIR or revocation decision.
Exact record locator: findings_long.parquet filename_stem=2017-08-18_02_B5203; source_row=21728 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
EB-1A · Final merits
final merits determination – sustained national or international acclaim
Why AAO was not persuaded
AAO agreed the Petitioner failed to establish sustained national or international acclaim. Evidence was largely confined to 1999–2004, awards lacked national or international recognition, a single published article did not constitute a career of acclaimed work, and pending projects could not be considered for present eligibility.
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AAO agreed the Petitioner failed to establish sustained national or international acclaim. Evidence was largely confined to 1999–2004, awards lacked national or international recognition, a single published article did not constitute a career of acclaimed work, and pending projects could not be considered for present eligibility.
Exact record locator: findings_long.parquet filename_stem=2017-08-17_01_B2203; source_row=21721 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Petitioner had not demonstrated how his work on the hiring committee was indicative of his standing in the field, noting the lack of detail on committee duties, selection process, and the temporal gap since 2003.
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AAO found the Petitioner had not demonstrated how his work on the hiring committee was indicative of his standing in the field, noting the lack of detail on committee duties, selection process, and the temporal gap since 2003.
Exact record locator: findings_long.parquet filename_stem=2017-08-17_01_B2203; source_row=21717 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleEstablishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
EB-1A · Leading / critical role
leading or critical role for distinguished organizations or establishments
Why the evidence was persuasive
AAO agreed the criterion was met but noted the record does not show how the role placed the Petitioner in the small percentage at the top of the field or reflected sustained acclaim, especially since he resigned from the role in 2003.
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AAO agreed the criterion was met but noted the record does not show how the role placed the Petitioner in the small percentage at the top of the field or reflected sustained acclaim, especially since he resigned from the role in 2003.
Exact record locator: findings_long.parquet filename_stem=2017-08-17_01_B2203; source_row=21720 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
EB-1A · Original contributions
original contributions of major significance in the field
Why AAO was not persuaded
AAO found the Petitioner had not demonstrated these projects have been published, cited, utilized, or garnered national or international acclaim; future potential accomplishments cannot satisfy present eligibility requirements.
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Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found the Petitioner had not demonstrated these projects have been published, cited, utilized, or garnered national or international acclaim; future potential accomplishments cannot satisfy present eligibility requirements.
Exact record locator: findings_long.parquet filename_stem=2017-08-17_01_B2203; source_row=21718 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why the evidence was persuasive
AAO found the Petitioner met the membership criterion based on his selection as a fellow with a professional engineering organization, though it noted the distinction was insufficient to establish him as among the small percentage at the top of the field.
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AAO found the Petitioner met the membership criterion based on his selection as a fellow with a professional engineering organization, though it noted the distinction was insufficient to establish him as among the small percentage at the top of the field.
Exact record locator: findings_long.parquet filename_stem=2017-08-17_01_B2203; source_row=21715 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner did not submit any of the three types of evidence required by 8 C.F.R. § 204.5(g)(2) for its own entity. Bank statements alone cannot establish ability to pay, and the assets of affiliated companies cannot substitute because those entities have no legal obligation to pay the wage.…
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The Petitioner did not submit any of the three types of evidence required by 8 C.F.R. § 204.5(g)(2) for its own entity. Bank statements alone cannot establish ability to pay, and the assets of affiliated companies cannot substitute because those entities have no legal obligation to pay the wage. Numerous unresolved contradictions in the corporate ownership evidence further undermined the claimed corporate relationships, and projected future growth cannot substitute for demonstrated present ability to pay.
Exact record locator: findings_long.parquet filename_stem=2017-08-16_01_B5203; source_row=21714 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Labor certification requires bachelor's degree plus five years of experience
Why AAO was not persuaded
The labor certification specifies only a bachelor's degree and 36 months of experience, which is less than the required bachelor's degree plus five years of progressive experience for advanced degree professional classification. AAO also declined to treat the petition as one for professional classification, as material changes cannot be made on appeal.
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The labor certification specifies only a bachelor's degree and 36 months of experience, which is less than the required bachelor's degree plus five years of progressive experience for advanced degree professional classification. AAO also declined to treat the petition as one for professional classification, as material changes cannot be made on appeal.
Exact record locator: findings_long.parquet filename_stem=2017-08-15_02_B5203; source_row=21710 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c