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 18371–18380
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
OtherManager
Issue evaluated
EB-1A · Published material
published material
Why AAO was not persuaded
AAO reversed the Director's favorable finding, concluding that the record lacked evidence to establish the publications appeared in professional, major trade, or major media outlets, as no circulation, distribution, or viewership information was provided.
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AAO reversed the Director's favorable finding, concluding that the record lacked evidence to establish the publications appeared in professional, major trade, or major media outlets, as no circulation, distribution, or viewership information was provided.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_01_B2203; source_row=19899 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
serves national interest to substantially greater degree than a U.S. worker with same minimum qualifications
Why AAO was not persuaded
AAO found that the third prong does not require comparing specific accomplishments to other individuals, nor does it require meeting extraordinary ability evidentiary standards. Rather, the petitioner must show a past record demonstrating some degree of influence on the field as a whole. The Petitioner's evidence showed positive impact only at the local level on her own students, not broader influence within her field.
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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 the third prong does not require comparing specific accomplishments to other individuals, nor does it require meeting extraordinary ability evidentiary standards. Rather, the petitioner must show a past record demonstrating some degree of influence on the field as a whole. The Petitioner's evidence showed positive impact only at the local level on her own students, not broader influence within her field.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_04_B5203; source_row=19914 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay via financial officer statement (100+ employees)
Why AAO was not persuaded
The letter misstated the proffered wage as $124,800 instead of $156,520, and counsel's unsupported assertion of inadvertent error did not establish facts of record. Additionally, the record did not establish the executive vice president as 'a financial officer of the organization' as required by the regulation.
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The letter misstated the proffered wage as $124,800 instead of $156,520, and counsel's unsupported assertion of inadvertent error did not establish facts of record. Additionally, the record did not establish the executive vice president as 'a financial officer of the organization' as required by the regulation.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_02_B5203; source_row=19906 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income figures from the Petitioner's tax returns ($11,715 in 2010; $2,480 in 2011; $23,909 in 2012) fell far short of the annual differences between the proffered wage and the wages actually paid to the Beneficiary.
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Net income figures from the Petitioner's tax returns ($11,715 in 2010; $2,480 in 2011; $23,909 in 2012) fell far short of the annual differences between the proffered wage and the wages actually paid to the Beneficiary.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_02_B5203; source_row=19904 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets were $65,553 in 2010 (below the $108,214.50 shortfall), and negative in 2011 and 2012. Bank account balances were already reflected in the tax return current asset figures and could not be counted separately. Unaudited financial statements covering only February 2013 were insufficient to demonstrate continuing ability to pay.
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Net current assets were $65,553 in 2010 (below the $108,214.50 shortfall), and negative in 2011 and 2012. Bank account balances were already reflected in the tax return current asset figures and could not be counted separately. Unaudited financial statements covering only February 2013 were insufficient to demonstrate continuing ability to pay.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_02_B5203; source_row=19905 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The W-2s issued by the Petitioner showed wages well below the proffered wage of $156,520 in all relevant years. Additional W-2s from a related entity with a different FEIN could not be attributed to the Petitioner, as only entities with a legal obligation to pay the wage may be considered.
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The W-2s issued by the Petitioner showed wages well below the proffered wage of $156,520 in all relevant years. Additional W-2s from a related entity with a different FEIN could not be attributed to the Petitioner, as only entities with a legal obligation to pay the wage may be considered.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_02_B5203; source_row=19903 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay under totality of circumstances (Sonegawa)
Why AAO was not persuaded
Unlike in Sonegawa, the record showed no outstanding industry reputation, no uncharacteristic business losses, no claim that the Beneficiary would replace a current employee, a requirement to cover multiple beneficiaries' wages, and over $500,000 in outstanding tax liens against the Petitioner.
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Unlike in Sonegawa, the record showed no outstanding industry reputation, no uncharacteristic business losses, no claim that the Beneficiary would replace a current employee, a requirement to cover multiple beneficiaries' wages, and over $500,000 in outstanding tax liens against the Petitioner.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_02_B5203; source_row=19908 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages of multiple beneficiaries
Why AAO was not persuaded
USCIS records showed the Petitioner had filed at least 11 other immigrant visa petitions since 2007. The Petitioner must demonstrate ability to pay the combined proffered wages of all beneficiaries with pending petitions. In response to the RFE, the Petitioner identified only two of those petitions and did not provide the proffered wages, so this requirement was not met.
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USCIS records showed the Petitioner had filed at least 11 other immigrant visa petitions since 2007. The Petitioner must demonstrate ability to pay the combined proffered wages of all beneficiaries with pending petitions. In response to the RFE, the Petitioner identified only two of those petitions and did not provide the proffered wages, so this requirement was not met.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_02_B5203; source_row=19907 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleEstablishedAutomated extraction · broader context
Case facts
OtherManager
Issue evaluated
EB-1A · Leading / critical role
leading or critical role
Why the evidence was persuasive
AAO affirmed the Director's favorable finding, noting that the Petitioner submitted sufficient evidence about The Family and her role as Creative Director and Executive Producer/Coordinator to establish the criterion.
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AAO affirmed the Director's favorable finding, noting that the Petitioner submitted sufficient evidence about The Family and her role as Creative Director and Executive Producer/Coordinator to establish the criterion.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_01_B2203; source_row=19900 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
OtherManager
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 initial evidentiary threshold of three criteria, but noted in the alternative that the aggregate 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 initial evidentiary threshold of three criteria, but noted in the alternative that the aggregate record does not support the required level of expertise.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_01_B2203; source_row=19902 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c