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Qualifying experience at third employer (university/medical center project)
Why AAO was not persuaded
The record contained numerous unexplained inconsistencies regarding the Beneficiary's actual employer and the full-time or part-time nature of the work from June 1, 2007 to August 10, 2008. Letters from the dean were internally inconsistent on the employment period, and other documents suggested a different employer than stated on the labor certification.…
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The record contained numerous unexplained inconsistencies regarding the Beneficiary's actual employer and the full-time or part-time nature of the work from June 1, 2007 to August 10, 2008. Letters from the dean were internally inconsistent on the employment period, and other documents suggested a different employer than stated on the labor certification. The Petitioner's own letter contradicted the labor certification by describing full-time rather than part-time employment. The record also did not explain how the Beneficiary could have worked full-time while simultaneously enrolled in graduate programs.
Exact record locator: findings_long.parquet filename_stem=2015-12-07_01_B5203; source_row=19935 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
A second letter from a director at the health system confirmed the Beneficiary's full-time employment as a programmer-analyst 2, resolving the deficiency noted in the RFE regarding the first letter. The record established approximately 26 months of full-time qualifying experience at this employer.
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A second letter from a director at the health system confirmed the Beneficiary's full-time employment as a programmer-analyst 2, resolving the deficiency noted in the RFE regarding the first letter. The record established approximately 26 months of full-time qualifying experience at this employer.
Exact record locator: findings_long.parquet filename_stem=2015-12-07_01_B5203; source_row=19933 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
USCIS must read the labor certification's plain language, which required a bachelor's degree or foreign equivalent and precluded alternate combinations of education and experience. The beneficiary's associate membership certificate is not a degree from a college or university and therefore does not meet the stated requirement.
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USCIS must read the labor certification's plain language, which required a bachelor's degree or foreign equivalent and precluded alternate combinations of education and experience. The beneficiary's associate membership certificate is not a degree from a college or university and therefore does not meet the stated requirement.
Exact record locator: findings_long.parquet filename_stem=2015-12-07_02_B5203; source_row=19937 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
national interest substantially greater than U.S. worker
Why AAO was not persuaded
AAO found that reference letters were conclusory or lacked specific examples of field-wide impact; published case reports lacked citation evidence showing influence; peer review participation and conference presentations were routine and insufficient to demonstrate national interest substantially greater than a U.S. worker; and clinical skills relate to the labor certification process rather than the NIW inquiry.
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See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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AAO found that reference letters were conclusory or lacked specific examples of field-wide impact; published case reports lacked citation evidence showing influence; peer review participation and conference presentations were routine and insufficient to demonstrate national interest substantially greater than a U.S. worker; and clinical skills relate to the labor certification process rather than the NIW inquiry.
Exact record locator: findings_long.parquet filename_stem=2015-12-04_01_B5203; source_row=19929 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
OtherPhysicianMaster’s
Issue evaluated
NIW · Waiver on balance
serves national interest to a substantially greater degree than a U.S. worker with same minimum qualifications
Why AAO was not persuaded
AAO rejected the petitioner's argument that the third prong does not apply to self-petitioners, citing NYSDOT footnote 5. AAO found the letters and evidence did not demonstrate how the petitioner's findings specifically impacted his field—letters noted his past studies but did not describe their subsequent impact, and praised innovative research without showing it widely influenced farming practices or other researchers.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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AAO rejected the petitioner's argument that the third prong does not apply to self-petitioners, citing NYSDOT footnote 5. AAO found the letters and evidence did not demonstrate how the petitioner's findings specifically impacted his field—letters noted his past studies but did not describe their subsequent impact, and praised innovative research without showing it widely influenced farming practices or other researchers.
Exact record locator: findings_long.parquet filename_stem=2015-12-04_02_B5203; source_row=19932 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c