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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.
ability to pay proffered wage from priority date onward
Why AAO was not persuaded
AAO agreed that Code S amounts could be added to wages (partially agreeing with petitioner's appeal argument) but rejected Code DD amounts because the record showed no elective cafeteria plan deferrals. After adjusting wages, the shortfall in 2014 and 2015 remained uncovered by net income or net current assets. The amended 2014 tax return was disregarded for lack of IRS receipt evidence.…
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AAO agreed that Code S amounts could be added to wages (partially agreeing with petitioner's appeal argument) but rejected Code DD amounts because the record showed no elective cafeteria plan deferrals. After adjusting wages, the shortfall in 2014 and 2015 remained uncovered by net income or net current assets. The amended 2014 tax return was disregarded for lack of IRS receipt evidence. Bank statements were not among the enumerated types of evidence and could not demonstrate sustainable ability to pay. The Sonegawa totality-of-circumstances analysis also failed.
Exact record locator: findings_long.parquet filename_stem=2017-08-15_01_B5203; source_row=21708 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets minimum experience requirements of labor certification
Why AAO was not persuaded
The Beneficiary's experience with the Petitioner itself could not be used because the position was substantially comparable to the offered position. The only other qualifying experience was a 2005 internship, but the attestation letter was defective (unsigned, missing title, no duty description), and a supplemental letter from a co-intern did not meet regulatory requirements and could not cover the full period claimed.
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The Beneficiary's experience with the Petitioner itself could not be used because the position was substantially comparable to the offered position. The only other qualifying experience was a 2005 internship, but the attestation letter was defective (unsigned, missing title, no duty description), and a supplemental letter from a co-intern did not meet regulatory requirements and could not cover the full period claimed.
Exact record locator: findings_long.parquet filename_stem=2017-08-15_01_B5203; source_row=21709 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
well positioned to advance the proposed endeavor
Why the evidence was persuasive
AAO found the Petitioner well positioned based on his qualifications as entrepreneur and CEO, actions taken to grow the business, and praise from colleagues and industry partners.
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AAO found the Petitioner well positioned based on his qualifications as entrepreneur and CEO, actions taken to grow the business, and praise from colleagues and industry partners.
Exact record locator: findings_long.parquet filename_stem=2017-08-15_03_B5203; source_row=21712 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
Why the evidence was persuasive
AAO found substantial merit based on the entrepreneurial nature of the work but found national importance not established because the Petitioner did not provide updated projections, comparative industry data, or other evidence showing prospective impact beyond his own company on the regional or national economy.
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AAO found substantial merit based on the entrepreneurial nature of the work but found national importance not established because the Petitioner did not provide updated projections, comparative industry data, or other evidence showing prospective impact beyond his own company on the regional or national economy.
Exact record locator: findings_long.parquet filename_stem=2017-08-15_03_B5203; source_row=21711 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary holds an advanced degree or foreign equivalent
Why AAO was not persuaded
AAO concluded the Beneficiary does not possess a single foreign equivalent bachelor's degree plus five years of progressive experience, nor an advanced degree, so he cannot qualify under section 203(b)(2).
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AAO concluded the Beneficiary does not possess a single foreign equivalent bachelor's degree plus five years of progressive experience, nor an advanced degree, so he cannot qualify under section 203(b)(2).
Exact record locator: findings_long.parquet filename_stem=2017-08-14_01_B5203; source_row=21706 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Offered position requires a professional with an advanced degree
Why the evidence was persuasive
AAO found, based on the O*NET code 27-3031 and the OOH entry for public relations specialist, that a baccalaureate degree is required for entry, making the offered position a professional occupation under 8 C.F.R. § 204.5(k)(2). AAO withdrew this portion of the Director's decision.
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AAO found, based on the O*NET code 27-3031 and the OOH entry for public relations specialist, that a baccalaureate degree is required for entry, making the offered position a professional occupation under 8 C.F.R. § 204.5(k)(2). AAO withdrew this portion of the Director's decision.
Exact record locator: findings_long.parquet filename_stem=2017-08-14_01_B5203; source_row=21707 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets educational requirements of labor certification
Why AAO was not persuaded
The Beneficiary's diplomas are not shown to be equivalent to a U.S. bachelor's degree, and the experience-based evaluation applies only to H-1B nonimmigrant petitions, not to immigrant petitions.
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The Beneficiary's diplomas are not shown to be equivalent to a U.S. bachelor's degree, and the experience-based evaluation applies only to H-1B nonimmigrant petitions, not to immigrant petitions.
Exact record locator: findings_long.parquet filename_stem=2017-08-14_01_B5203; source_row=21705 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Petitioner submitted samples of music and performance evidence but did not provide the required box office receipts or music sales figures required by the regulation.
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AAO found that the Petitioner submitted samples of music and performance evidence but did not provide the required box office receipts or music sales figures required by the regulation.
Exact record locator: findings_long.parquet filename_stem=2017-08-11_01_B2203; source_row=21695 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
Published Material
Why AAO was not persuaded
AAO found that submitted materials variously lacked required elements (title, date, author), were in foreign languages without certified translations, did not relate to his work in music, or were from sources not shown to be professional or major trade publications or major media.
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AAO found that submitted materials variously lacked required elements (title, date, author), were in foreign languages without certified translations, did not relate to his work in music, or were from sources not shown to be professional or major trade publications or major media.
Exact record locator: findings_long.parquet filename_stem=2017-08-11_01_B2203; source_row=21690 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c