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AACRAO EDGE, recognized by federal courts as reliable, indicates a 3-year Indian bachelor's degree followed by a 2-year Indian master's degree does not equal a U.S. master's degree. The third evaluation was inconsistent with the first (different equivalent fields), failed to identify which Indian courses corresponded to purported U.S. graduate credits, and was inadequately corroborated.
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AACRAO EDGE, recognized by federal courts as reliable, indicates a 3-year Indian bachelor's degree followed by a 2-year Indian master's degree does not equal a U.S. master's degree. The third evaluation was inconsistent with the first (different equivalent fields), failed to identify which Indian courses corresponded to purported U.S. graduate credits, and was inadequately corroborated.
Exact record locator: findings_long.parquet filename_stem=2016-08-03_01_B5203; source_row=20512 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Bachelor's degree plus 5 years progressive experience
Why AAO was not persuaded
The Beneficiary's 1996 economics degree was not in an acceptable field per the labor certification. The relevant bachelor's-equivalent degree (in information technology) was only received in 2004, leaving fewer than 3 years before the June 25, 2007 priority date — insufficient to meet the 5-year experience requirement.
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The Beneficiary's 1996 economics degree was not in an acceptable field per the labor certification. The relevant bachelor's-equivalent degree (in information technology) was only received in 2004, leaving fewer than 3 years before the June 25, 2007 priority date — insufficient to meet the 5-year experience requirement.
Exact record locator: findings_long.parquet filename_stem=2016-08-03_01_B5203; source_row=20513 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages of all pending petitions
Why AAO was not persuaded
The Petitioner had at least 39 other pending petitions and failed to provide proffered wages for 12 of them. Even based on partial data, the combined proffered wage obligation of at least $1,385,975.95 in 2008 vastly exceeded the Petitioner's net income of $13,794 and net current assets of $231,195.
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The Petitioner had at least 39 other pending petitions and failed to provide proffered wages for 12 of them. Even based on partial data, the combined proffered wage obligation of at least $1,385,975.95 in 2008 vastly exceeded the Petitioner's net income of $13,794 and net current assets of $231,195.
Exact record locator: findings_long.parquet filename_stem=2016-08-03_01_B5203; source_row=20510 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Unlike the petitioner in Sonegawa, the instant Petitioner must demonstrate ability to pay multiple beneficiaries. Despite multiple opportunities, the Petitioner never provided proffered wages for all pending petitions, and even partial data showed the Petitioner lacked the ability to meet its combined wage obligations.
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Unlike the petitioner in Sonegawa, the instant Petitioner must demonstrate ability to pay multiple beneficiaries. Despite multiple opportunities, the Petitioner never provided proffered wages for all pending petitions, and even partial data showed the Petitioner lacked the ability to meet its combined wage obligations.
Exact record locator: findings_long.parquet filename_stem=2016-08-03_01_B5203; source_row=20511 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination
Why AAO was not persuaded
AAO noted it need not conduct a formal final merits analysis given insufficient criteria were met, but stated the aggregate record does not show the level of expertise required for extraordinary ability classification.
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AAO noted it need not conduct a formal final merits analysis given insufficient criteria were met, but stated the aggregate record does not show the level of expertise required for extraordinary ability classification.
Exact record locator: findings_long.parquet filename_stem=2016-08-02_01_B2203; source_row=20502 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material about the alien in professional or major trade publications or other major media
Why AAO was not persuaded
The single article about the Beneficiary only briefly mentioned him; the film reviews were about the film and not about the Beneficiary; the foreign-language articles had incomplete translations containing ellipses and thus did not comply with 8 C.F.R. § 103.2(b)(3); none of the translated material mentioned the Beneficiary; and no evidence showed any of the publications qualified as major media.
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The single article about the Beneficiary only briefly mentioned him; the film reviews were about the film and not about the Beneficiary; the foreign-language articles had incomplete translations containing ellipses and thus did not comply with 8 C.F.R. § 103.2(b)(3); none of the translated material mentioned the Beneficiary; and no evidence showed any of the publications qualified as major media.
Exact record locator: findings_long.parquet filename_stem=2016-08-02_01_B2203; source_row=20497 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why AAO was not persuaded
The Petitioner provided insufficient evidence of national or international recognition of the awards; multiple inconsistencies in the record undermined the reliability of supporting letters; no corroborating trophies, certificates, or pictures were provided; and some claimed awards were contradicted by documentary evidence showing only nominations.
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The Petitioner provided insufficient evidence of national or international recognition of the awards; multiple inconsistencies in the record undermined the reliability of supporting letters; no corroborating trophies, certificates, or pictures were provided; and some claimed awards were contradicted by documentary evidence showing only nominations.
Exact record locator: findings_long.parquet filename_stem=2016-08-02_01_B2203; source_row=20496 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO withdrew the Director's favorable finding because the award ceremony for which the Beneficiary served as judge was held approximately one month after the petition was filed, and eligibility must be established at the time of filing; no evidence showed the Beneficiary served as a judge prior to filing.
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AAO withdrew the Director's favorable finding because the award ceremony for which the Beneficiary served as judge was held approximately one month after the petition was filed, and eligibility must be established at the time of filing; no evidence showed the Beneficiary served as a judge prior to filing.
Exact record locator: findings_long.parquet filename_stem=2016-08-02_01_B2203; source_row=20498 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
display of work at artistic exhibitions or showcases
Why the evidence was persuasive
AAO found that articles and brochures confirming films the Beneficiary worked on were shown at film festivals satisfied the plain language of this criterion.
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AAO found that articles and brochures confirming films the Beneficiary worked on were shown at film festivals satisfied the plain language of this criterion.
Exact record locator: findings_long.parquet filename_stem=2016-08-02_01_B2203; source_row=20500 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Leading / critical role
leading or critical role for organizations or establishments with distinguished reputation
Why the evidence was persuasive
AAO agreed that evidence of the Beneficiary's cinematographer role for the petitioning organization, combined with evidence that the petitioner is an award-winning institution and the largest public university TV station in the country, satisfied this criterion.
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AAO agreed that evidence of the Beneficiary's cinematographer role for the petitioning organization, combined with evidence that the petitioner is an award-winning institution and the largest public university TV station in the country, satisfied this criterion.
Exact record locator: findings_long.parquet filename_stem=2016-08-02_01_B2203; source_row=20501 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c