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AAO agreed the unresolved inconsistency between the employer letters and the Form G-325A casts doubt on the claimed experience, and counsel's surmise of a typographical error is not evidence.
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AAO agreed the unresolved inconsistency between the employer letters and the Form G-325A casts doubt on the claimed experience, and counsel's surmise of a typographical error is not evidence.
Exact record locator: findings_long.parquet filename_stem=2016-06-20_01_B5203; source_row=20411 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
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Issue evaluated
EB-1A · Final merits
final merits determination
What the decision said
AAO declined to conduct a formal final merits determination because the Petitioner failed to meet the threshold of three criteria at step one, but noted in the aggregate the record does not support the required level of expertise.
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AAO declined to conduct a formal final merits determination because the Petitioner failed to meet the threshold of three criteria at step one, but noted in the aggregate the record does not support the required level of expertise.
Exact record locator: findings_long.parquet filename_stem=2016-06-20_01_B2203; source_row=20409 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Petitioner's 2014 chart contained material errors inflating net current assets' coverage, the 2015 projections were unsupported and inconsistent, and the totality-of-circumstances analysis did not apply due to insufficient evidence of business growth and industry standing.
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AAO found the Petitioner's 2014 chart contained material errors inflating net current assets' coverage, the 2015 projections were unsupported and inconsistent, and the totality-of-circumstances analysis did not apply due to insufficient evidence of business growth and industry standing.
Exact record locator: findings_long.parquet filename_stem=2016-06-20_02_B5203; source_row=20416 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO upheld the Director's reliance on EDGE, finding the submitted credential evaluation lacked analytical support (no comparison of coursework or credit hours), and confirmed that the Beneficiary's Indian credentials equate to a U.S. bachelor's degree, not a master's.
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AAO upheld the Director's reliance on EDGE, finding the submitted credential evaluation lacked analytical support (no comparison of coursework or credit hours), and confirmed that the Beneficiary's Indian credentials equate to a U.S. bachelor's degree, not a master's.
Exact record locator: findings_long.parquet filename_stem=2016-06-20_02_B5203; source_row=20414 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO confirmed that qualifying experience must be post-baccalaureate, meaning only work after April 28, 2007 could count, yielding approximately 2.5 years—far short of the required 5 years. Moreover, the experience letters were internally inconsistent with the Beneficiary's own labor certification job descriptions, making the evidence unreliable regardless of duration.
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AAO confirmed that qualifying experience must be post-baccalaureate, meaning only work after April 28, 2007 could count, yielding approximately 2.5 years—far short of the required 5 years. Moreover, the experience letters were internally inconsistent with the Beneficiary's own labor certification job descriptions, making the evidence unreliable regardless of duration.
Exact record locator: findings_long.parquet filename_stem=2016-06-20_02_B5203; source_row=20415 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Position requires individual of exceptional ability
Why AAO was not persuaded
The AAO agreed that the labor certification's education and experience requirements, entry-level wage, and job duties do not demonstrate the position requires exceptional ability. The bare statement on the labor certification is conclusory, the dual credit program requirements are not sufficiently rigorous, and the offered salary (10% above entry-level, below the area median) does not indicate exceptional ability.
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The AAO agreed that the labor certification's education and experience requirements, entry-level wage, and job duties do not demonstrate the position requires exceptional ability. The bare statement on the labor certification is conclusory, the dual credit program requirements are not sufficiently rigorous, and the offered salary (10% above entry-level, below the area median) does not indicate exceptional ability.
Exact record locator: findings_long.parquet filename_stem=2016-06-17_02_B5203; source_row=20404 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the evidence in the aggregate did not demonstrate sustained national or international acclaim. Published material spanned only five months, peer review was limited to one journal of unestablished prestige, citation history was minimal and improperly documented, reference letters were conclusory, and conference presentations lacked objective evidence of prestige or selective criteria.
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The AAO found that the evidence in the aggregate did not demonstrate sustained national or international acclaim. Published material spanned only five months, peer review was limited to one journal of unestablished prestige, citation history was minimal and improperly documented, reference letters were conclusory, and conference presentations lacked objective evidence of prestige or selective criteria.
Exact record locator: findings_long.parquet filename_stem=2016-06-13_01_B2203; source_row=20392 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the Petitioner did not submit copies of the original Chinese-language articles, and that the translations provided were uncertified and did not accompany the original articles. Without properly certified translations and the original articles, the evidence could not be evaluated.
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The AAO found that the Petitioner did not submit copies of the original Chinese-language articles, and that the translations provided were uncertified and did not accompany the original articles. Without properly certified translations and the original articles, the evidence could not be evaluated.
Exact record locator: findings_long.parquet filename_stem=2016-06-13_01_B2203; source_row=20391 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed that the Beneficiary's Filipino BSPT is not a foreign equivalent degree above a baccalaureate. The credentialing organization's coursework-aggregation methodology, including post-graduation coursework, is not the same as identifying a single foreign equivalent advanced degree, and EDGE—a reliable source—equates the Filipino BSPT to a U.S. baccalaureate.
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AAO agreed that the Beneficiary's Filipino BSPT is not a foreign equivalent degree above a baccalaureate. The credentialing organization's coursework-aggregation methodology, including post-graduation coursework, is not the same as identifying a single foreign equivalent advanced degree, and EDGE—a reliable source—equates the Filipino BSPT to a U.S. baccalaureate.
Exact record locator: findings_long.parquet filename_stem=2016-06-13_05_B5203; source_row=20402 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c