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Job requirements in the aggregate indicate exceptional ability
Why AAO was not persuaded
AAO holds that statute, case law, Chawathe, and USCIS policy require a two-step analysis. Considered together, the job requirements (standard education, required licensure, automatic union membership, and union-negotiated wages) do not reflect a degree of expertise above that ordinarily encountered.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO holds that statute, case law, Chawathe, and USCIS policy require a two-step analysis. Considered together, the job requirements (standard education, required licensure, automatic union membership, and union-negotiated wages) do not reflect a degree of expertise above that ordinarily encountered.
Exact record locator: findings_long.parquet filename_stem=2017-01-25_02_B5203; source_row=21050 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Chemistry / Chemical EngineeringMaster’s
Issue evaluated
EB-1A · Final merits
Final merits — totality of evidence
Why AAO was not persuaded
Despite meeting three criteria, the Beneficiary's credentials did not demonstrate expertise significantly above that ordinarily encountered: the foreign degrees lacked a U.S. equivalency evaluation, the license is required of all teachers, and union membership does not indicate exceptional ability.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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Despite meeting three criteria, the Beneficiary's credentials did not demonstrate expertise significantly above that ordinarily encountered: the foreign degrees lacked a U.S. equivalency evaluation, the license is required of all teachers, and union membership does not indicate exceptional ability.
Exact record locator: findings_long.parquet filename_stem=2017-01-25_01_B5203; source_row=21045 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Professional association membership requirement (job offer) — 8 C.F.R. § 204.5(k)(3)(ii)(E)
Why AAO was not persuaded
AAO found that the state constitution does not establish the state entity as a membership organization and that unsupported brief statements are not evidence; furthermore, the fact that a union negotiated wages does not show the job requires union membership.
Why this is useful
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AAO found that the state constitution does not establish the state entity as a membership organization and that unsupported brief statements are not evidence; furthermore, the fact that a union negotiated wages does not show the job requires union membership.
Exact record locator: findings_long.parquet filename_stem=2017-01-25_01_B5203; source_row=21039 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The wage data provided (SOC 25-3099) was not a meaningful comparison to the offered wage for a secondary teacher, and the bottom range of the proposed wage matched the prevailing wage on the labor certification, failing to show exceptional ability.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The wage data provided (SOC 25-3099) was not a meaningful comparison to the offered wage for a secondary teacher, and the bottom range of the proposed wage matched the prevailing wage on the labor certification, failing to show exceptional ability.
Exact record locator: findings_long.parquet filename_stem=2017-01-25_01_B5203; source_row=21038 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c