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EDGE states a three-year Indian bachelor's degree is comparable to two to three years of U.S. university study and a post-secondary diploma to one year, yielding at most four to five years of study total. AACRAO's own evaluation confirmed the beneficiary's education is comparable to four years of undergraduate-level education but does not constitute the equivalent of a U.S. bachelor's degree.…
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EDGE states a three-year Indian bachelor's degree is comparable to two to three years of U.S. university study and a post-secondary diploma to one year, yielding at most four to five years of study total. AACRAO's own evaluation confirmed the beneficiary's education is comparable to four years of undergraduate-level education but does not constitute the equivalent of a U.S. bachelor's degree. The two private evaluations were inconsistent with each other and not supported by objective evidence.
Exact record locator: findings_long.parquet filename_stem=2015-03-19_01_B5203; source_row=19194 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum requirements of the offered position
Why AAO was not persuaded
The beneficiary lacks both the required educational credential (bachelor's equivalent) and the required years of qualifying experience (six years), making him ineligible for the proffered position under either alternate pathway in the labor certification.
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The beneficiary lacks both the required educational credential (bachelor's equivalent) and the required years of qualifying experience (six years), making him ineligible for the proffered position under either alternate pathway in the labor certification.
Exact record locator: findings_long.parquet filename_stem=2015-03-19_01_B5203; source_row=19196 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that credentialing organizations evaluated coursework in the aggregate rather than the single-degree foreign equivalent required by the regulation, and that EDGE classifies the five-year Filipino BS in physical therapy as comparable to a U.S. bachelor's degree.
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AAO found that credentialing organizations evaluated coursework in the aggregate rather than the single-degree foreign equivalent required by the regulation, and that EDGE classifies the five-year Filipino BS in physical therapy as comparable to a U.S. bachelor's degree.
Exact record locator: findings_long.parquet filename_stem=2015-03-18_01_B5203; source_row=19191 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary holds advanced degree or foreign equivalent
Why AAO was not persuaded
The credentialing evaluations assess aggregated coursework from multiple sources to determine 'substantial equivalence,' not whether the beneficiary's single degree is a foreign equivalent of a U.S. master's degree. EDGE confirms the five-year Philippine bachelor's in physical therapy equates to undergraduate-level education. The discrepancy between the two evaluations (185.27 vs.…
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The credentialing evaluations assess aggregated coursework from multiple sources to determine 'substantial equivalence,' not whether the beneficiary's single degree is a foreign equivalent of a U.S. master's degree. EDGE confirms the five-year Philippine bachelor's in physical therapy equates to undergraduate-level education. The discrepancy between the two evaluations (185.27 vs. 234 total credits) was not explained by the petitioner. USCIS is not bound by credentialing organization determinations for immigration classification purposes.
Exact record locator: findings_long.parquet filename_stem=2015-03-18_02_B5203; source_row=19192 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum requirements of ETA Form 9089
Why AAO was not persuaded
The ETA Form 9089 requires a master's degree in physical therapy with no alternate combination accepted. The beneficiary's Philippine bachelor's degree, even supplemented by additional coursework, was not shown to be a single foreign equivalent to a U.S. master's degree in physical therapy.
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The ETA Form 9089 requires a master's degree in physical therapy with no alternate combination accepted. The beneficiary's Philippine bachelor's degree, even supplemented by additional coursework, was not shown to be a single foreign equivalent to a U.S. master's degree in physical therapy.
Exact record locator: findings_long.parquet filename_stem=2015-03-18_02_B5203; source_row=19193 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO withdrew the director's favorable finding on de novo review. Post-filing pay stubs could not be considered because eligibility must be established at the time of filing. The remaining evidence—average salary data, median wage data, prevailing wage data, and H-1B LCA data—only showed the petitioner earned above-average or above-median wages, not a high salary relative to others at the top of the field.
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AAO withdrew the director's favorable finding on de novo review. Post-filing pay stubs could not be considered because eligibility must be established at the time of filing. The remaining evidence—average salary data, median wage data, prevailing wage data, and H-1B LCA data—only showed the petitioner earned above-average or above-median wages, not a high salary relative to others at the top of the field.
Exact record locator: findings_long.parquet filename_stem=2015-03-16_02_B2203; source_row=19182 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleNot established
Case facts
Computer Science / AI
Issue evaluated
EB-1A · Leading / critical role
leading or critical role
Why AAO was not persuaded
AAO found that for each employer, the petitioner failed either to demonstrate a leading or critical role (no organizational chart, no differentiation from other team leaders/managers) or to show the organization had a distinguished reputation (no documentary evidence supporting assertions about rankings or revenues).…
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AAO found that for each employer, the petitioner failed either to demonstrate a leading or critical role (no organizational chart, no differentiation from other team leaders/managers) or to show the organization had a distinguished reputation (no documentary evidence supporting assertions about rankings or revenues). The regulatory criterion requires both elements, and the petitioner's plain statement that technology firms may not have a distinguished reputation does not relieve him of the requirement.
Exact record locator: findings_long.parquet filename_stem=2015-03-16_02_B2203; source_row=19181 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that routine supervisory duties such as reviewing coworkers' performance, interviewing candidates, providing feedback, and testing/reviewing a software product purchased by the employer do not constitute formal participation as a judge of the work of others in the field as required by 8 C.F.R. § 204.5(h)(3)(iv).…
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AAO found that routine supervisory duties such as reviewing coworkers' performance, interviewing candidates, providing feedback, and testing/reviewing a software product purchased by the employer do not constitute formal participation as a judge of the work of others in the field as required by 8 C.F.R. § 204.5(h)(3)(iv). The criterion requires a formal judging designation, not informal staff supervision or internal review of coworkers.
Exact record locator: findings_long.parquet filename_stem=2015-03-16_02_B2203; source_row=19180 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The competitions confer a substantial number of awards annually, the Silver award was presented to a magazine rather than the beneficiary, and there is no documentary evidence showing the awards are recognized beyond the competition organizers at a level commensurate with nationally or internationally recognized prizes for excellence in the field.
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The competitions confer a substantial number of awards annually, the Silver award was presented to a magazine rather than the beneficiary, and there is no documentary evidence showing the awards are recognized beyond the competition organizers at a level commensurate with nationally or internationally recognized prizes for excellence in the field.
Exact record locator: findings_long.parquet filename_stem=2015-03-16_01_B2203; source_row=19174 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material about the alien
Why AAO was not persuaded
The October article did not identify its author as required by the regulation, and there is no documentary evidence showing that the publication is a form of major media in the United States or Israel.
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The October article did not identify its author as required by the regulation, and there is no documentary evidence showing that the publication is a form of major media in the United States or Israel.
Exact record locator: findings_long.parquet filename_stem=2015-03-16_01_B2203; source_row=19175 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c