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10,847 decisions /36,849 findings
Showing 18971–18980
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Mechanical / Manufacturing EngineeringPhD
Issue evaluated
NIW · Well positioned
national in scope
Why the evidence was persuasive
AAO agreed with the director that the petitioner's research benefits would be national in scope.
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AAO agreed with the director that the petitioner's research benefits would be national in scope.
Exact record locator: findings_long.parquet filename_stem=2015-04-22_01_B5203; source_row=19272 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or equivalent (five years progressive post-baccalaureate experience)
Why AAO was not persuaded
AAO affirmed the director's finding. The petitioner's letters from her employer confirmed approximately 5.5 years of special education teaching but did not indicate progressive experience. Furthermore, the petitioner abandoned the issue on appeal by not addressing it.
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AAO affirmed the director's finding. The petitioner's letters from her employer confirmed approximately 5.5 years of special education teaching but did not indicate progressive experience. Furthermore, the petitioner abandoned the issue on appeal by not addressing it.
Exact record locator: findings_long.parquet filename_stem=2015-04-15_02_B5203; source_row=19270 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The burden is on the petitioner to compare his earnings to the level of compensation ordinarily encountered in his field; he documented only $13,231.20 over two years and offered no comparative data.
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The burden is on the petitioner to compare his earnings to the level of compensation ordinarily encountered in his field; he documented only $13,231.20 over two years and offered no comparative data.
Exact record locator: findings_long.parquet filename_stem=2015-04-15_01_B5203; source_row=19266 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
ten years of full-time experience (8 C.F.R. § 204.5(k)(3)(ii)(B))
Why AAO was not persuaded
The submitted affidavit was not from an employer, employer letters lacked dates or documented only short stints, and the W-2 amounts are inconsistent with full-year employment. Academic experience falls under a different criterion.
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The submitted affidavit was not from an employer, employer letters lacked dates or documented only short stints, and the W-2 amounts are inconsistent with full-year employment. Academic experience falls under a different criterion.
Exact record locator: findings_long.parquet filename_stem=2015-04-15_01_B5203; source_row=19264 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
recognition for achievements and significant contributions (8 C.F.R. § 204.5(k)(3)(ii)(F))
Why AAO was not persuaded
The scholarship description had no attributed source and did not match the named fund, and the 2014 certificate post-dates filing and was not shown to constitute qualifying recognition.
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The scholarship description had no attributed source and did not match the named fund, and the 2014 certificate post-dates filing and was not shown to constitute qualifying recognition.
Exact record locator: findings_long.parquet filename_stem=2015-04-15_01_B5203; source_row=19268 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or baccalaureate plus 5 years progressive experience
Why AAO was not persuaded
Petitioner could not have earned five years of post-baccalaureate experience given that his studies ran until winter 2010, and he did not contest the director's finding on appeal.
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Petitioner could not have earned five years of post-baccalaureate experience given that his studies ran until winter 2010, and he did not contest the director's finding on appeal.
Exact record locator: findings_long.parquet filename_stem=2015-04-15_01_B5203; source_row=19269 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
official academic record (8 C.F.R. § 204.5(k)(3)(ii)(A))
Why AAO was not persuaded
The university did not award the degree until 2014, after the May 28, 2013 filing date, and the petitioner provided no support for his assertion that the university wrongly withheld it earlier. Eligibility must be established at filing.
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The university did not award the degree until 2014, after the May 28, 2013 filing date, and the petitioner provided no support for his assertion that the university wrongly withheld it earlier. Eligibility must be established at filing.
Exact record locator: findings_long.parquet filename_stem=2015-04-15_01_B5203; source_row=19263 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in professional associations (8 C.F.R. § 204.5(k)(3)(ii)(E))
Why AAO was not persuaded
Petitioner did not show the cited entities are professional associations; conferences were product-user gatherings, the developer registration is a resource site, and the online profile is on a business networking site.
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Petitioner did not show the cited entities are professional associations; conferences were product-user gatherings, the developer registration is a resource site, and the online profile is on a business networking site.
Exact record locator: findings_long.parquet filename_stem=2015-04-15_01_B5203; source_row=19267 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
Neither the journalism organization nor the university research supervisors' association required outstanding achievements judged by recognized national or international experts; the claimed lifetime membership was also not supported by evidence.
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Neither the journalism organization nor the university research supervisors' association required outstanding achievements judged by recognized national or international experts; the claimed lifetime membership was also not supported by evidence.
Exact record locator: findings_long.parquet filename_stem=2015-04-14_02_B2203; source_row=19255 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c