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five years of post-baccalaureate progressive experience equivalent to a master's degree
Why the evidence was persuasive
AAO held that EB-2 regulations require an 'official academic record' showing a 'degree,' not necessarily a diploma. Based on the specific facts—including the provisional certificate's explicit statement that the Beneficiary satisfied all requirements, her statement of marks, a letter from a credential evaluator, and AACRAO EDGE guidance on Indian provisional certificates—AAO concluded the provisional certificate date contro…
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AAO held that EB-2 regulations require an 'official academic record' showing a 'degree,' not necessarily a diploma. Based on the specific facts—including the provisional certificate's explicit statement that the Beneficiary satisfied all requirements, her statement of marks, a letter from a credential evaluator, and AACRAO EDGE guidance on Indian provisional certificates—AAO concluded the provisional certificate date controlled, giving the Beneficiary more than five years of qualifying experience before the priority date.
Exact record locator: findings_long.parquet filename_stem=2017-03-15_01_B5203; source_row=21191 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original contributions
Why AAO was not persuaded
AAO found that participation in MMA events is not tantamount to original contributions of major significance. The letters primarily attested to the Petitioner's status and skills without providing specific examples of how his contributions influenced the field at a level of major significance beyond two individuals.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found that participation in MMA events is not tantamount to original contributions of major significance. The letters primarily attested to the Petitioner's status and skills without providing specific examples of how his contributions influenced the field at a level of major significance beyond two individuals.
Exact record locator: findings_long.parquet filename_stem=2017-03-13_01_B2203; source_row=21187 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Petitioner's relationships with MMA promotion organizations related to contractual employment rather than association membership, and he failed to submit evidence of membership requirements such as bylaws showing outstanding achievements are required. The gym was described as a family gym open to the general public, not requiring outstanding achievements.
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AAO found that the Petitioner's relationships with MMA promotion organizations related to contractual employment rather than association membership, and he failed to submit evidence of membership requirements such as bylaws showing outstanding achievements are required. The gym was described as a family gym open to the general public, not requiring outstanding achievements.
Exact record locator: findings_long.parquet filename_stem=2017-03-13_01_B2203; source_row=21185 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that merely competing in tournaments and fighting under promotions does not demonstrate a leading role, as the Petitioner failed to differentiate his role from other competitors or show his position in the organizations' hierarchies. He also failed to show how his involvement critically impacted the organizations' standings.
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AAO found that merely competing in tournaments and fighting under promotions does not demonstrate a leading role, as the Petitioner failed to differentiate his role from other competitors or show his position in the organizations' hierarchies. He also failed to show how his involvement critically impacted the organizations' standings.
Exact record locator: findings_long.parquet filename_stem=2017-03-13_01_B2203; source_row=21189 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 did not reach the final merits determination because the Petitioner failed to satisfy at least three evidentiary criteria, but noted in dicta that the aggregate record does not support the required level of expertise.
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AAO did not reach the final merits determination because the Petitioner failed to satisfy at least three evidentiary criteria, but noted in dicta that the aggregate record does not support the required level of expertise.
Exact record locator: findings_long.parquet filename_stem=2017-03-13_01_B2203; source_row=21190 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Petitioner provided sufficient supporting evidence beyond Wikipedia, including media reports, MMA-related screenshots, and reference letters, to show that his championship title bouts were internationally recognized awards for excellence.
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AAO found that the Petitioner provided sufficient supporting evidence beyond Wikipedia, including media reports, MMA-related screenshots, and reference letters, to show that his championship title bouts were internationally recognized awards for excellence.
Exact record locator: findings_long.parquet filename_stem=2017-03-13_01_B2203; source_row=21184 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Petitioner failed to establish that his MMA fights and competitions were of an artistic nature or that the events constituted artistic venues, as required by the plain language of this criterion.
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AAO found that the Petitioner failed to establish that his MMA fights and competitions were of an artistic nature or that the events constituted artistic venues, as required by the plain language of this criterion.
Exact record locator: findings_long.parquet filename_stem=2017-03-13_01_B2203; source_row=21188 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
willful misrepresentation of material fact on labor certification
Why AAO was not persuaded
AAO found that the Petitioner did not qualify as a closely held corporation given its 69 shareholders, so the premise of Part C.9 was not met. Without that premise, the negative answer could not constitute a misrepresentation.
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AAO found that the Petitioner did not qualify as a closely held corporation given its 69 shareholders, so the premise of Part C.9 was not met. Without that premise, the negative answer could not constitute a misrepresentation.
Exact record locator: findings_long.parquet filename_stem=2017-03-10_01_B5203; source_row=21182 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c