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10,847 decisions /36,849 findings
Showing 20081–20090
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
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Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
AAO deems the issue abandoned and declines to consider untimely evidence.
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AAO deems the issue abandoned and declines to consider untimely evidence.
Exact record locator: findings_long.parquet filename_stem=2014-06-02_01_B2203; source_row=18021 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the credential evaluations deficient (one ignored that the beneficiary took no computer courses; another relied on a flawed Carnegie Unit/contact-hours analysis; another relied on records not in the record). Per EDGE and Matter of Shah, a three-year Indian Bachelor of Commerce degree is comparable only to three years of U.S. university study, not a U.S. baccalaureate.
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AAO found the credential evaluations deficient (one ignored that the beneficiary took no computer courses; another relied on a flawed Carnegie Unit/contact-hours analysis; another relied on records not in the record). Per EDGE and Matter of Shah, a three-year Indian Bachelor of Commerce degree is comparable only to three years of U.S. university study, not a U.S. baccalaureate.
Exact record locator: findings_long.parquet filename_stem=2014-05-29_02_B5203; source_row=18010 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary qualifications per labor certification – education requirement
Why AAO was not persuaded
AAO found the credential evaluations contradictory and unexplained, and relied on AACRAO EDGE, which classifies the Indian MCA as comparable to a degree in computer application, not computer science. The record did not develop the equivalence to the specific degree fields required by the labor certification.
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AAO found the credential evaluations contradictory and unexplained, and relied on AACRAO EDGE, which classifies the Indian MCA as comparable to a degree in computer application, not computer science. The record did not develop the equivalence to the specific degree fields required by the labor certification.
Exact record locator: findings_long.parquet filename_stem=2014-05-29_05_B5203; source_row=18014 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of progressive post-baccalaureate work experience
Why AAO was not persuaded
AAO agreed that the experience letter from the sanctioned employer could not be accepted without independent corroborating evidence (e.g., W-2s, payroll records), and that the other experience letter failed to establish qualifying professional work experience by not distinguishing trainee time from engineer time.
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AAO agreed that the experience letter from the sanctioned employer could not be accepted without independent corroborating evidence (e.g., W-2s, payroll records), and that the other experience letter failed to establish qualifying professional work experience by not distinguishing trainee time from engineer time.
Exact record locator: findings_long.parquet filename_stem=2014-05-29_03_B5203; source_row=18012 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the petitioner's 2012 net income of $70,627 and net current assets of $203,937 were both insufficient to cover the aggregate proffered wage deficiency of $296,923 across all sponsored beneficiaries.…
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AAO found that the petitioner's 2012 net income of $70,627 and net current assets of $203,937 were both insufficient to cover the aggregate proffered wage deficiency of $296,923 across all sponsored beneficiaries. Bank statements and quarterly wage reports are not enumerated evidence under the regulation, pro-rated wages were not accepted, and the Sonegawa totality analysis did not support the petitioner due to gaps in the record.
Exact record locator: findings_long.parquet filename_stem=2014-05-29_03_B5203; source_row=18013 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO raised ability to pay sua sponte beyond the director's decision, finding the record lacks evidence of ability to pay from the January 2013 priority date forward.
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AAO raised ability to pay sua sponte beyond the director's decision, finding the record lacks evidence of ability to pay from the January 2013 priority date forward.
Exact record locator: findings_long.parquet filename_stem=2014-05-29_02_B5203; source_row=18011 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The experience letters from prior employers documented different technologies unrelated to the H.14 skills. Co-worker affidavits were not acceptable primary evidence. The job postings and prevailing wage application confirmed the H.14 skills were required, not merely environmental descriptions. The petitioner could not narrow the applicant pool by listing required skills and then offer the position to someone lacking them.
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The experience letters from prior employers documented different technologies unrelated to the H.14 skills. Co-worker affidavits were not acceptable primary evidence. The job postings and prevailing wage application confirmed the H.14 skills were required, not merely environmental descriptions. The petitioner could not narrow the applicant pool by listing required skills and then offer the position to someone lacking them.
Exact record locator: findings_long.parquet filename_stem=2014-05-29_05_B5203; source_row=18015 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO raised this issue on its own in a NOID/RFE. After reviewing W-2s showing wages paid to the beneficiary exceeded the proffered wage in 2012 and 2013, and reviewing the 2012 Form 1120, AAO found ability to pay established.
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AAO raised this issue on its own in a NOID/RFE. After reviewing W-2s showing wages paid to the beneficiary exceeded the proffered wage in 2012 and 2013, and reviewing the 2012 Form 1120, AAO found ability to pay established.
Exact record locator: findings_long.parquet filename_stem=2014-05-29_05_B5203; source_row=18016 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the record evidence insufficient to support the fraud/misrepresentation conclusion because the director had not sufficiently developed the factual basis for such a determination under the Matter of S & B-C- test.
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AAO found the record evidence insufficient to support the fraud/misrepresentation conclusion because the director had not sufficiently developed the factual basis for such a determination under the Matter of S & B-C- test.
Exact record locator: findings_long.parquet filename_stem=2014-05-29_01_B5203; source_row=18008 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c