Search a substantial collection of case-specific reasoning, then narrow it by petition, field, legal issue, or date.
This expanded collection favors source-backed access over perfect automated classification. Fields, labels, summaries, and relevance may contain errors; records marked ‘broader context’ need extra care. Review the cited source before relying on any record. These appeals and motions do not show approval odds or denial rates, and are not legal advice or a prediction.
10,847 decisions /36,849 findings
Showing 20101–20110
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Physics
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
AAO found that the petitioner substantially revised her claims by asserting she would become an independent contractor and online tutor, which was a material change from her original petition. Furthermore, she had no past track record in such ventures, and speculation about possible future success cannot establish present eligibility.
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 the petitioner substantially revised her claims by asserting she would become an independent contractor and online tutor, which was a material change from her original petition. Furthermore, she had no past track record in such ventures, and speculation about possible future success cannot establish present eligibility.
Exact record locator: findings_long.parquet filename_stem=2014-05-27_03_B5203; source_row=17998 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Biomedical / Life SciencesPhD14 papers87 citations
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
AAO agrees the petitioner failed to show national scope; he did not identify what work he would do in the U.S. and merely expressed an intention to work at an unnamed college/university.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
View full reasoning +
AAO agrees the petitioner failed to show national scope; he did not identify what work he would do in the U.S. and merely expressed an intention to work at an unnamed college/university.
Exact record locator: findings_long.parquet filename_stem=2014-05-27_01_B5203; source_row=17991 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Biomedical / Life SciencesPhD14 papers87 citations
Issue evaluated
NIW · Waiver on balance
benefit national interest to substantially greater degree than available U.S. worker
Why AAO was not persuaded
AAO agrees the petitioner failed to demonstrate the requisite track record of influence; citation evidence shows early influence but no ongoing pattern, and the petitioner submitted no third-party evidence of significance.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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AAO agrees the petitioner failed to demonstrate the requisite track record of influence; citation evidence shows early influence but no ongoing pattern, and the petitioner submitted no third-party evidence of significance.
Exact record locator: findings_long.parquet filename_stem=2014-05-27_01_B5203; source_row=17992 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO raised this issue beyond the director's decision under its de novo authority. The beneficiary's work history disclosed no prior experience as a business systems consultant and no experience with key duties/platforms required by the labor certification. The petitioner failed to remedy this deficiency even after receiving a NOID.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The AAO raised this issue beyond the director's decision under its de novo authority. The beneficiary's work history disclosed no prior experience as a business systems consultant and no experience with key duties/platforms required by the labor certification. The petitioner failed to remedy this deficiency even after receiving a NOID.
Exact record locator: findings_long.parquet filename_stem=2014-05-27_05_B5203; source_row=18004 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2007 net income ($116,299) and net current assets ($102,112) were each individually insufficient to cover the ~$138,094 wage shortfall for simultaneously-pending beneficiaries. Net income and net current assets cannot be combined because they are distinct retrospective and prospective measures, and combining them risks double-counting.…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The petitioner's 2007 net income ($116,299) and net current assets ($102,112) were each individually insufficient to cover the ~$138,094 wage shortfall for simultaneously-pending beneficiaries. Net income and net current assets cannot be combined because they are distinct retrospective and prospective measures, and combining them risks double-counting. The overall business indicators on the tax returns did not suffice to bridge the gap.
Exact record locator: findings_long.parquet filename_stem=2014-05-27_05_B5203; source_row=18003 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Environment / Energy2 papers
Issue evaluated
NIW · Waiver on balance
serve the national interest to a substantially greater degree than an available U.S. worker
Why AAO was not persuaded
AAO concludes the petitioner showed activity rather than influence: minimal citations (and self-citations not separated), most witnesses were mentors/collaborators predicting future adoption rather than documenting it, and appeal materials postdated filing and at most showed ongoing work and pending grant proposals.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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AAO concludes the petitioner showed activity rather than influence: minimal citations (and self-citations not separated), most witnesses were mentors/collaborators predicting future adoption rather than documenting it, and appeal materials postdated filing and at most showed ongoing work and pending grant proposals.
Exact record locator: findings_long.parquet filename_stem=2014-05-27_02_B5203; source_row=17996 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
national interest substantially greater than available U.S. worker
Why AAO was not persuaded
AAO found the petitioner failed to establish a past record of demonstrable achievement with influence on the field as a whole. Post-filing evidence of increased production and job creation could not establish eligibility as of the filing date. The approved labor certification for a concurrent petition showed a U.S. worker with two years' cellophane experience could be found.…
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 petitioner failed to establish a past record of demonstrable achievement with influence on the field as a whole. Post-filing evidence of increased production and job creation could not establish eligibility as of the filing date. The approved labor certification for a concurrent petition showed a U.S. worker with two years' cellophane experience could be found. Witness letters from company employees attested to the beneficiary's manufacturing role but did not show contributions rising to the national interest threshold.
Exact record locator: findings_long.parquet filename_stem=2014-05-21_01_B5203; source_row=17987 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
national in scope
Why the evidence was persuasive
AAO did not disturb the director's finding that the benefit would be national in scope, but noted this prong relates to the nature of the occupation rather than the beneficiary's individual contributions.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
View full reasoning +
AAO did not disturb the director's finding that the benefit would be national in scope, but noted this prong relates to the nature of the occupation rather than the beneficiary's individual contributions.
Exact record locator: findings_long.parquet filename_stem=2014-05-21_01_B5203; source_row=17986 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c