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10,847 decisions /36,849 findings
Showing 19151–19160
EB-1AEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
high salary or significantly high remuneration
Why AAO was not persuaded
AAO withdrew the director's finding. The submitted letter referenced business revenue rather than the petitioner's personal salary, no primary salary evidence (paystubs or tax returns) was submitted, the revenue figure was not isolated from employee contributions, and the wage comparison data was limited to a single metropolitan area rather than providing a proper field-wide comparison.
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AAO withdrew the director's finding. The submitted letter referenced business revenue rather than the petitioner's personal salary, no primary salary evidence (paystubs or tax returns) was submitted, the revenue figure was not isolated from employee contributions, and the wage comparison data was limited to a single metropolitan area rather than providing a proper field-wide comparison.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_01_B2203; source_row=19080 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
Most evidence was in uncertified translations lacking probative value. The remaining evidence showed contributions only to limited specific engagements and municipalities, not to the field as a whole. Reference letters crediting an 'audit methodology' lacked objective corroboration of originality and major significance at the field level.…
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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Most evidence was in uncertified translations lacking probative value. The remaining evidence showed contributions only to limited specific engagements and municipalities, not to the field as a whole. Reference letters crediting an 'audit methodology' lacked objective corroboration of originality and major significance at the field level. Additionally, the plural language of the criterion requires more than one original contribution.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_01_B2203; source_row=19078 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO withdraws certain specific criticisms from its prior decision (regarding grade inconsistencies and the [REDACTED]/[REDACTED] credit conflict) but reaffirms the bottom-line conclusion. The evaluators' apportionment effectively treats only the second year of the Indian master's as equivalent to a U.S. master's, without showing it was an accelerated program, and they fail to reconcile Indian classroom hours with the U.S.…
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AAO withdraws certain specific criticisms from its prior decision (regarding grade inconsistencies and the [REDACTED]/[REDACTED] credit conflict) but reaffirms the bottom-line conclusion. The evaluators' apportionment effectively treats only the second year of the Indian master's as equivalent to a U.S. master's, without showing it was an accelerated program, and they fail to reconcile Indian classroom hours with the U.S. credit system's two-hours-of-study-per-classroom-hour assumption.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_02_B5203; source_row=19083 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Although most evidence consisted of uncertified translations, a letter from one reference provided details of audits conducted by the petitioner, which sufficed to meet the plain language of the criterion.
Why this is useful
See how invitations, completed assignments, and the nature of judging were documented and weighed.
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Although most evidence consisted of uncertified translations, a letter from one reference provided details of audits conducted by the petitioner, which sufficed to meet the plain language of the criterion.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_01_B2203; source_row=19077 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Other
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 at step 1, but noted in dicta that the aggregate evidence does not demonstrate the required level of expertise.
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AAO declined to conduct a formal final merits determination because the petitioner failed at step 1, but noted in dicta that the aggregate evidence does not demonstrate the required level of expertise.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_01_B2203; source_row=19081 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
ability to pay proffered wage (including combined proffered wages for all sponsored workers)
Why AAO was not persuaded
The AAO found that conflicting Quarterly Wage Reports (the petitioner's own submissions contradicted each other and the subpoenaed EDD records) undermined all W-2 evidence of wages actually paid. The petitioner also failed to submit certified tax returns and failed to demonstrate ability to pay the combined proffered wages of its other sponsored workers.
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The AAO found that conflicting Quarterly Wage Reports (the petitioner's own submissions contradicted each other and the subpoenaed EDD records) undermined all W-2 evidence of wages actually paid. The petitioner also failed to submit certified tax returns and failed to demonstrate ability to pay the combined proffered wages of its other sponsored workers.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_04_B5203; source_row=19085 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
foreign equivalent of U.S. bachelor's degree plus five years of progressive post-baccalaureate experience
Why AAO was not persuaded
The beneficiary's overlapping educational and employment periods cast doubt on two experience letters, and the remaining two letters showed only 34 months of qualifying experience, far short of the 60 months required by the labor certification.
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The beneficiary's overlapping educational and employment periods cast doubt on two experience letters, and the remaining two letters showed only 34 months of qualifying experience, far short of the 60 months required by the labor certification.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_04_B5203; source_row=19086 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
continuing ability to pay proffered wages of all sponsored workers
Why AAO was not persuaded
AAO independently analyzed the wage data and arrived at different totals than the director regarding 2011 proffered wages and wages paid, but still found a wage shortfall. AAO further found that the record lacked 2012 W-2s or Forms 941 to support claimed wages, that counsel's assertions regarding 2012 wages conflicted with the 2012 tax return, and that the petitioner's tax returns showed insufficient net income and net curr…
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AAO independently analyzed the wage data and arrived at different totals than the director regarding 2011 proffered wages and wages paid, but still found a wage shortfall. AAO further found that the record lacked 2012 W-2s or Forms 941 to support claimed wages, that counsel's assertions regarding 2012 wages conflicted with the 2012 tax return, and that the petitioner's tax returns showed insufficient net income and net current assets for 2011 and 2012.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_03_B5203; source_row=19084 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO determined the company had voluntarily dissolved, the DOC letters were fraudulent, and the county contract letters were inconsistent with public records. No bona fide job offer therefore remains.
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AAO determined the company had voluntarily dissolved, the DOC letters were fraudulent, and the county contract letters were inconsistent with public records. No bona fide job offer therefore remains.
Exact record locator: findings_long.parquet filename_stem=2015-02-10_01_B5203; source_row=19082 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO withdrew the director's favorable finding because the petitioner did not show the national swim team membership required outstanding achievements judged by recognized experts, and in any event the membership was in competitive swimming, not in the field of coaching for which classification is sought.
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AAO withdrew the director's favorable finding because the petitioner did not show the national swim team membership required outstanding achievements judged by recognized experts, and in any event the membership was in competitive swimming, not in the field of coaching for which classification is sought.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_01_B2203; source_row=19064 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c