Search a substantial collection of case-specific reasoning, then narrow it by petition, field, legal issue, or date.
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.
10,847 decisions /36,849 findings
Showing 17141–17150
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Mathematics / Statistics
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO acknowledged the Petitioner's STEM teaching has substantial merit in providing educational benefits to his students, but found he did not demonstrate national importance because his work does not extend beyond his school or district to impact the field of STEM education more broadly.…
Why this is useful
Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.
View full reasoning +
AAO acknowledged the Petitioner's STEM teaching has substantial merit in providing educational benefits to his students, but found he did not demonstrate national importance because his work does not extend beyond his school or district to impact the field of STEM education more broadly. AAO noted that while the referenced program may aim to impact STEM education nationally, the Petitioner did not show his implementation at his specific school reaches that level of impact.
Exact record locator: findings_long.parquet filename_stem=2017-03-23_01_B5203; source_row=21209 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Bachelor's plus 5 years progressive experience as advanced degree equivalent
Why AAO was not persuaded
AAO accepted the foreign degree as equivalent to a U.S. baccalaureate in a qualifying field but found the requisite 5 years of progressive post-baccalaureate experience not established.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO accepted the foreign degree as equivalent to a U.S. baccalaureate in a qualifying field but found the requisite 5 years of progressive post-baccalaureate experience not established.
Exact record locator: findings_long.parquet filename_stem=2017-03-23_02_B5203; source_row=21213 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
72 months of qualifying progressive experience required by labor certification
Why AAO was not persuaded
Letters were insufficient or inconsistent; Petitioner failed to demonstrate unavailability of evidence from one employer and failed to resolve conflicts in the record between the CEO letter and co-worker letters/labor certification.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
Letters were insufficient or inconsistent; Petitioner failed to demonstrate unavailability of evidence from one employer and failed to resolve conflicts in the record between the CEO letter and co-worker letters/labor certification.
Exact record locator: findings_long.parquet filename_stem=2017-03-23_02_B5203; source_row=21212 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Mathematics / Statistics
Issue evaluated
NIW · Well positioned
well positioned to advance the proposed endeavor
Why the evidence was persuasive
AAO found that the record reflects the Petitioner's qualifications as an experienced teacher, dedication to STEM teaching, actions taken to prepare disadvantaged students, attendance at training seminars, and praise from former students, establishing that he is well positioned to advance his proposed endeavor.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
View full reasoning +
AAO found that the record reflects the Petitioner's qualifications as an experienced teacher, dedication to STEM teaching, actions taken to prepare disadvantaged students, attendance at training seminars, and praise from former students, establishing that he is well positioned to advance his proposed endeavor.
Exact record locator: findings_long.parquet filename_stem=2017-03-23_01_B5203; source_row=21210 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets minimum experience requirements of labor certification
Why AAO was not persuaded
AAO calculated approximately 68.5 months of qualifying experience, below the required 84 months, after excluding experience with the Petitioner (same position), an employer with unquantified varying hours, and an employer whose duties did not match the labor certification requirements.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO calculated approximately 68.5 months of qualifying experience, below the required 84 months, after excluding experience with the Petitioner (same position), an employer with unquantified varying hours, and an employer whose duties did not match the labor certification requirements.
Exact record locator: findings_long.parquet filename_stem=2017-03-22_01_B5203; source_row=21208 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum educational requirement of labor certification / advanced degree professional classification
Why AAO was not persuaded
The two equivalency evaluations were inconsistent with each other and lacked supporting transcripts, rendering them of little probative value. EDGE analysis indicated none of the Beneficiary's credentials correspond to a U.S. bachelor's degree, and neither issuing institution is recognized by Pakistan's HEC as a college or university. A foreign equivalent degree must come from a college or university.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The two equivalency evaluations were inconsistent with each other and lacked supporting transcripts, rendering them of little probative value. EDGE analysis indicated none of the Beneficiary's credentials correspond to a U.S. bachelor's degree, and neither issuing institution is recognized by Pakistan's HEC as a college or university. A foreign equivalent degree must come from a college or university.
Exact record locator: findings_long.parquet filename_stem=2017-03-21_01_B5203; source_row=21202 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum 5-year progressive experience requirement of labor certification
Why the evidence was persuasive
After reviewing the entire record and applying the preponderance of the evidence standard, AAO concluded that the Petitioner established the Beneficiary more likely than not had at least 5 years of qualifying experience as an imam.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
After reviewing the entire record and applying the preponderance of the evidence standard, AAO concluded that the Petitioner established the Beneficiary more likely than not had at least 5 years of qualifying experience as an imam.
Exact record locator: findings_long.parquet filename_stem=2017-03-21_01_B5203; source_row=21203 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
W-2s and tax transcripts showed the Beneficiary was paid below the proffered wage in all years from 2012 to 2015. The Petitioner failed to submit required evidence (federal tax returns, annual reports, or audited financial statements) despite the Director's specific request, precluding any alternative assessment of ability to pay.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
W-2s and tax transcripts showed the Beneficiary was paid below the proffered wage in all years from 2012 to 2015. The Petitioner failed to submit required evidence (federal tax returns, annual reports, or audited financial statements) despite the Director's specific request, precluding any alternative assessment of ability to pay.
Exact record locator: findings_long.parquet filename_stem=2017-03-21_01_B5203; source_row=21204 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary possesses required education and experience
Why AAO was not persuaded
The Beneficiary has a foreign equivalent bachelor's degree but needs to show 5 years of progressive post-baccalaureate experience to meet the advanced degree equivalent requirement. The letter from the primary employer was unsigned and therefore insufficiently reliable, and the letter from the second employer failed to describe the Beneficiary's duties as required by 8 C.F.R. § 204.5(g)(1).…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The Beneficiary has a foreign equivalent bachelor's degree but needs to show 5 years of progressive post-baccalaureate experience to meet the advanced degree equivalent requirement. The letter from the primary employer was unsigned and therefore insufficiently reliable, and the letter from the second employer failed to describe the Beneficiary's duties as required by 8 C.F.R. § 204.5(g)(1). No qualifying experience was adequately documented.
Exact record locator: findings_long.parquet filename_stem=2017-03-21_02_B5203; source_row=21207 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The labor certification's alternate requirements in Part H.8 and Part H.14 explicitly accepted work experience in lieu of a master's degree, meaning a worker with no degree could qualify. AAO held it could not ignore this term, and because the labor certification does not require an advanced degree professional, it does not support the requested EB-2 advanced degree classification.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The labor certification's alternate requirements in Part H.8 and Part H.14 explicitly accepted work experience in lieu of a master's degree, meaning a worker with no degree could qualify. AAO held it could not ignore this term, and because the labor certification does not require an advanced degree professional, it does not support the requested EB-2 advanced degree classification.
Exact record locator: findings_long.parquet filename_stem=2017-03-21_02_B5203; source_row=21206 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c