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 17541–17550
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Medicine / ClinicalManager30 papers
Issue evaluated
NIW · Waiver on balance
influence on the field / substantially greater than U.S. worker
Why AAO was not persuaded
AAO found that the reference letters and evidence did not show the petitioner's research had been widely implemented in clinical settings, had garnered significant independent citations, or had otherwise influenced the field as a whole. Uncorroborated and conclusory assertions were given limited weight, and conference presentations and peer review participation alone were insufficient.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
View full reasoning +
AAO found that the reference letters and evidence did not show the petitioner's research had been widely implemented in clinical settings, had garnered significant independent citations, or had otherwise influenced the field as a whole. Uncorroborated and conclusory assertions were given limited weight, and conference presentations and peer review participation alone were insufficient.
Exact record locator: findings_long.parquet filename_stem=2016-10-20_01_B5203; source_row=20785 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Medicine / ClinicalManager30 papers
Issue evaluated
NIW · Well positioned
national in scope
Why the evidence was persuasive
AAO disagreed with the director's reasoning that work performed in Korea cannot satisfy the national-scope prong, noting the prong is prospective in nature. The petitioner's dissemination of research through international conferences and journals showed national and international scope.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
View full reasoning +
AAO disagreed with the director's reasoning that work performed in Korea cannot satisfy the national-scope prong, noting the prong is prospective in nature. The petitioner's dissemination of research through international conferences and journals showed national and international scope.
Exact record locator: findings_long.parquet filename_stem=2016-10-20_01_B5203; source_row=20784 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Medicine / Clinical20 papers
Issue evaluated
NIW · Waiver on balance
national interest substantially greater than U.S. worker
Why AAO was not persuaded
The AAO found that online views do not confirm reliance on or impact from the Petitioner's research; the award lacked context regarding selectivity; conference presentations lacked evidence of citation or adoption; reference letters were uncorroborated and did not show that findings became part of treatment protocols; and peer review is routine.…
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
View full reasoning +
The AAO found that online views do not confirm reliance on or impact from the Petitioner's research; the award lacked context regarding selectivity; conference presentations lacked evidence of citation or adoption; reference letters were uncorroborated and did not show that findings became part of treatment protocols; and peer review is routine. Taken together, the record did not show a history of demonstrable achievement with sufficient influence on the field as a whole.
Exact record locator: findings_long.parquet filename_stem=2016-10-20_03_B5203; source_row=20791 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Director's treatment of the case was both factually and legally incorrect because the Petitioner had plainly sought classification as an alien of exceptional ability and the Director adjudicated a classification never requested, necessitating remand.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO found the Director's treatment of the case was both factually and legally incorrect because the Petitioner had plainly sought classification as an alien of exceptional ability and the Director adjudicated a classification never requested, necessitating remand.
Exact record locator: findings_long.parquet filename_stem=2016-10-19_01_B5203; source_row=20782 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay in 2014 based on audited financials including all I-140 beneficiaries
Why AAO was not persuaded
Although the 2014 audited financials showed figures sufficient for the instant Beneficiary alone, the Petitioner repeatedly failed to provide proffered and actual wage information for its numerous other Form I-140 beneficiaries despite being specifically requested to do so. Without that information, total wage obligations cannot be determined and ability to pay cannot be established.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
Although the 2014 audited financials showed figures sufficient for the instant Beneficiary alone, the Petitioner repeatedly failed to provide proffered and actual wage information for its numerous other Form I-140 beneficiaries despite being specifically requested to do so. Without that information, total wage obligations cannot be determined and ability to pay cannot be established.
Exact record locator: findings_long.parquet filename_stem=2016-10-18_01_B5203; source_row=20780 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay under totality of circumstances (Sonegawa)
Why AAO was not persuaded
Even under a Sonegawa totality-of-circumstances analysis, the Petitioner failed to establish ability to pay because the record showed only two years of data (too short to demonstrate historic growth), no evidence of industry reputation, and no information about wage obligations to its many other I-140 beneficiaries.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
Even under a Sonegawa totality-of-circumstances analysis, the Petitioner failed to establish ability to pay because the record showed only two years of data (too short to demonstrate historic growth), no evidence of industry reputation, and no information about wage obligations to its many other I-140 beneficiaries.
Exact record locator: findings_long.parquet filename_stem=2016-10-18_01_B5203; source_row=20781 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The 2013 tax return showed net income and net current assets well below the $89,000 proffered wage. The CPA's argument that cash-method returns should be adjusted to reflect accrual-basis revenues was rejected because the regulation specifically identifies federal tax returns as acceptable evidence, and a petitioner may not selectively shift revenues or expenses to create a hybrid accounting approach.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The 2013 tax return showed net income and net current assets well below the $89,000 proffered wage. The CPA's argument that cash-method returns should be adjusted to reflect accrual-basis revenues was rejected because the regulation specifically identifies federal tax returns as acceptable evidence, and a petitioner may not selectively shift revenues or expenses to create a hybrid accounting approach.
Exact record locator: findings_long.parquet filename_stem=2016-10-18_01_B5203; source_row=20778 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The 2014 tax return was incomplete—missing Schedule K and Schedule L—so net income of $37,472 (below $89,000) was the only figure available, and there was no evidence of net current assets for 2014.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The 2014 tax return was incomplete—missing Schedule K and Schedule L—so net income of $37,472 (below $89,000) was the only figure available, and there was no evidence of net current assets for 2014.
Exact record locator: findings_long.parquet filename_stem=2016-10-18_01_B5203; source_row=20779 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c