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10,847 decisions /36,849 findings
Showing 17661–17670
NIWEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
salary demonstrating exceptional ability
Why AAO was not persuaded
The salary comparison used petroleum geologist data, which does not apply to the Beneficiary's occupation as a thin section preparation technician. Even under that inapt comparison, the Beneficiary's salary never exceeded the average.…
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The salary comparison used petroleum geologist data, which does not apply to the Beneficiary's occupation as a thin section preparation technician. Even under that inapt comparison, the Beneficiary's salary never exceeded the average. Online job-posting tools were not shown to be appropriate bases for comparison, and the evidence did not show the Beneficiary's salary demonstrated exceptional ability rather than merely being above average.
Exact record locator: findings_long.parquet filename_stem=2016-09-12_04_B5203; source_row=20660 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The association membership was approved on November 1, 2014, after the petition was filed on October 15, 2014. Post-filing memberships cannot establish eligibility at the time of filing.
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The association membership was approved on November 1, 2014, after the petition was filed on October 15, 2014. Post-filing memberships cannot establish eligibility at the time of filing.
Exact record locator: findings_long.parquet filename_stem=2016-09-12_04_B5203; source_row=20661 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner was organized in 2006 and employed only two people at filing. Without the 2014 financial documents, business growth cannot be assessed. While the Petitioner has a good industry reputation through its affiliates, no uncharacteristic expenditures or losses were shown and there was no indication the Beneficiary would replace a current employee or outsourced service.
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The Petitioner was organized in 2006 and employed only two people at filing. Without the 2014 financial documents, business growth cannot be assessed. While the Petitioner has a good industry reputation through its affiliates, no uncharacteristic expenditures or losses were shown and there was no indication the Beneficiary would replace a current employee or outsourced service.
Exact record locator: findings_long.parquet filename_stem=2016-09-12_05_B5203; source_row=20668 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
As a separate legal entity, the Petitioner must demonstrate its own ability to pay. No contractual obligation on the part of affiliates or members to fund the Petitioner's wage obligations was established. The LLC Agreement explicitly stated no member was required to make additional capital contributions, and the accountant's letters were unsubstantiated assertions.
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As a separate legal entity, the Petitioner must demonstrate its own ability to pay. No contractual obligation on the part of affiliates or members to fund the Petitioner's wage obligations was established. The LLC Agreement explicitly stated no member was required to make additional capital contributions, and the accountant's letters were unsubstantiated assertions.
Exact record locator: findings_long.parquet filename_stem=2016-09-12_05_B5203; source_row=20667 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Beneficiary's W-2 forms showed she was employed by a separate entity, not the Petitioner, so the Petitioner did not establish that it paid the Beneficiary the proffered wage in any relevant year.
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The Beneficiary's W-2 forms showed she was employed by a separate entity, not the Petitioner, so the Petitioner did not establish that it paid the Beneficiary the proffered wage in any relevant year.
Exact record locator: findings_long.parquet filename_stem=2016-09-12_05_B5203; source_row=20665 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner's 2013 IRS Form 1065 showed a net loss of -$29,530 and net current liabilities of -$1,230,848. No financial documents for 2014 were submitted, and failure to submit requested evidence is grounds for denial under 8 C.F.R. § 103.2(b)(14).
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The Petitioner's 2013 IRS Form 1065 showed a net loss of -$29,530 and net current liabilities of -$1,230,848. No financial documents for 2014 were submitted, and failure to submit requested evidence is grounds for denial under 8 C.F.R. § 103.2(b)(14).
Exact record locator: findings_long.parquet filename_stem=2016-09-12_05_B5203; source_row=20666 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The reference letters described the Petitioner's role as 'significant' but did not compare his role to other players, explain how his position fit into the organizational hierarchy, or demonstrate specific impact on the teams. The letters were conclusory and lacked specifics.
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The reference letters described the Petitioner's role as 'significant' but did not compare his role to other players, explain how his position fit into the organizational hierarchy, or demonstrate specific impact on the teams. The letters were conclusory and lacked specifics.
Exact record locator: findings_long.parquet filename_stem=2016-09-12_01_B2203; source_row=20648 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
national in scope
Why the evidence was persuasive
AAO found the director's analysis too narrow because it failed to account for the Petitioner's research activities. The record shows that the proposed benefit of her anesthesiology research has national and international implications through dissemination in conferences and journals, satisfying the second prong.
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AAO found the director's analysis too narrow because it failed to account for the Petitioner's research activities. The record shows that the proposed benefit of her anesthesiology research has national and international implications through dissemination in conferences and journals, satisfying the second prong.
Exact record locator: findings_long.parquet filename_stem=2016-09-12_01_B5203; source_row=20652 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWten years experienceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
ten years experience
ten years of full-time experience
Why AAO was not persuaded
The Beneficiary had only eight years and five months of full-time experience at the time of filing on October 15, 2014, and post-filing experience cannot be used to establish eligibility at the time of filing.
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The Beneficiary had only eight years and five months of full-time experience at the time of filing on October 15, 2014, and post-filing experience cannot be used to establish eligibility at the time of filing.
Exact record locator: findings_long.parquet filename_stem=2016-09-12_04_B5203; source_row=20659 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c