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10,847 decisions /36,849 findings
Showing 18381–18390
NIWNIW · Waiver on balanceEstablishedAutomated extraction · broader context
Case facts
Other188 citations
Issue evaluated
NIW · Waiver on balance
national interest substantially greater than U.S. worker
Why the evidence was persuasive
AAO found that the frequency of independent citations to the Petitioner's work, combined with letters of support from senior figures, his co-foundership and editorial leadership of a professional organization, and official recognitions, collectively demonstrated sufficient influence on the 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 frequency of independent citations to the Petitioner's work, combined with letters of support from senior figures, his co-foundership and editorial leadership of a professional organization, and official recognitions, collectively demonstrated sufficient influence on the field. The record established the significance of the Petitioner's specific research contributions—not merely the importance of his general area—and justified a projection that he would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_03_B5203; source_row=19911 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
AAO found that while federal education statutes describe national goals, they do not establish that the work of one individual teacher significantly contributes to those goals on a nationally significant level. AAO noted that NYSDOT itself cited an elementary school teacher as an example of a meritorious occupation lacking the requisite national scope.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO found that while federal education statutes describe national goals, they do not establish that the work of one individual teacher significantly contributes to those goals on a nationally significant level. AAO noted that NYSDOT itself cited an elementary school teacher as an example of a meritorious occupation lacking the requisite national scope.
Exact record locator: findings_long.parquet filename_stem=2015-11-25_04_B5203; source_row=19913 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
AAO found that while several performances reached a national audience, the Petitioner did not show her proposed work in the U.S. would create substantial national benefits in job creation, the economy, or the music industry. AAO discounted post-filing performances under Matter of Katigbak.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO found that while several performances reached a national audience, the Petitioner did not show her proposed work in the U.S. would create substantial national benefits in job creation, the economy, or the music industry. AAO discounted post-filing performances under Matter of Katigbak.
Exact record locator: findings_long.parquet filename_stem=2015-11-23_01_B5203; source_row=19893 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
submission of Form ETA-750B per 8 C.F.R. § 204.5(k)(4)(ii)
Why AAO was not persuaded
AAO found, as an independent alternate ground, that the Petitioner failed to execute the required Form ETA-750B, and therefore did not properly apply for the national interest waiver.
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AAO found, as an independent alternate ground, that the Petitioner failed to execute the required Form ETA-750B, and therefore did not properly apply for the national interest waiver.
Exact record locator: findings_long.parquet filename_stem=2015-11-23_01_B5203; source_row=19895 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
national interest to substantially greater degree than available U.S. worker
Why AAO was not persuaded
AAO found the reference letters and recognition (much of which post-dated filing) did not show the Petitioner's work had influenced the field as a whole. Letters were generalized and conclusory; awards and articles were post-filing and in any event did not show field-wide impact.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
View full reasoning +
AAO found the reference letters and recognition (much of which post-dated filing) did not show the Petitioner's work had influenced the field as a whole. Letters were generalized and conclusory; awards and articles were post-filing and in any event did not show field-wide impact.
Exact record locator: findings_long.parquet filename_stem=2015-11-23_01_B5203; source_row=19894 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c