Source-backed decision research

Explore how AAO evaluates evidence.

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.

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10,847 decisions / 36,849 findings

Showing 20201–20210

NIWNIW · Waiver on balanceNot established

Case facts

Social Sciences

Issue evaluated

NIW · Waiver on balance

national interest waiver (serves national interest to a substantially greater degree than U.S. workers)

Why AAO was not persuaded

The petitioner failed to rebut the prior AAO conclusion that teachers in her district are not collectively entitled to a blanket waiver. The claim that her school has difficulty recruiting and retaining teachers is unavailing because the labor certification process already accounts for local shortages.

Why this is useful

See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.

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The petitioner failed to rebut the prior AAO conclusion that teachers in her district are not collectively entitled to a blanket waiver. The claim that her school has difficulty recruiting and retaining teachers is unavailing because the labor certification process already accounts for local shortages.
Exact record locator: findings_long.parquet filename_stem=2014-04-21_01_B5203; source_row=17875
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot established

Case facts

Biomedical / Life Sciences

Issue evaluated

NIW · Waiver on balance

national interest served substantially greater than a U.S. worker

Why AAO was not persuaded

AAO found that the petitioner's evidence consisted largely of speculation about future impact, uncorroborated witness assertions, and descriptions of the importance of her research area rather than evidence of her individual influence on the field. A shortage of qualified U.S. workers is not grounds for the waiver, and letters lacking documentary corroboration were given less weight.

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 found that the petitioner's evidence consisted largely of speculation about future impact, uncorroborated witness assertions, and descriptions of the importance of her research area rather than evidence of her individual influence on the field. A shortage of qualified U.S. workers is not grounds for the waiver, and letters lacking documentary corroboration were given less weight.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_06_B5203; source_row=17866
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · EB-2 baselineNot established

Case facts

Biomedical / Life Sciences

Issue evaluated

NIW · EB-2 baseline

advanced degree or equivalent qualification

Why AAO was not persuaded

AAO found that the director's summary finding was not supported by the record. No formal credential evaluation was submitted, and the employer's letter did not establish credential evaluation expertise. The equivalency of the foreign degrees to U.S. degrees was not established.

Why this is useful

Use the reasoning to identify the specific factual or documentary gap AAO considered material.

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AAO found that the director's summary finding was not supported by the record. No formal credential evaluation was submitted, and the employer's letter did not establish credential evaluation expertise. The equivalency of the foreign degrees to U.S. degrees was not established.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_06_B5203; source_row=17867
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWexceptional ability otherNot established

Case facts

Biomedical / Life Sciences

Issue evaluated

exceptional ability other

exceptional ability (3 of 6 criteria)

Why AAO was not persuaded

AAO found that the petitioner addressed only one of the six exceptional ability criteria and submitted no evidence for the other five, failing to meet the minimum of three required.

Why this is useful

Use the reasoning to identify the specific factual or documentary gap AAO considered material.

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AAO found that the petitioner addressed only one of the six exceptional ability criteria and submitted no evidence for the other five, failing to meet the minimum of three required.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_06_B5203; source_row=17868
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot established

Case facts

Civil / Structural EngineeringPhD13 papers

Issue evaluated

NIW · Waiver on balance

serves the national interest to a substantially greater degree than a U.S. worker with the same minimum qualifications

Why AAO was not persuaded

AAO concludes the petitioner failed to demonstrate the requisite past influence on the field. Citation evidence was minimal, much of it post-filing or self-citations; peer review was not shown to be selective; witness claims of widespread adoption of his repair methods were uncorroborated by documentary evidence; and after leaving his postdoctoral position the petitioner left the project that was the focus of the waiver claim.

Why this is useful

See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.

View full reasoning +
AAO concludes the petitioner failed to demonstrate the requisite past influence on the field. Citation evidence was minimal, much of it post-filing or self-citations; peer review was not shown to be selective; witness claims of widespread adoption of his repair methods were uncorroborated by documentary evidence; and after leaving his postdoctoral position the petitioner left the project that was the focus of the waiver claim.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_08_B5203; source_row=17874
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot established

Case facts

Social Sciences

Issue evaluated

NIW · Waiver on balance

serves the national interest to a substantially greater degree than an available U.S. worker

Why AAO was not persuaded

The petitioner's awards and evaluations were local/institutional in significance and did not demonstrate influence on the field as a whole. Labor shortages and unavailability of U.S. workers are addressed through the labor certification process, and the petitioner is in fact the beneficiary of an approved labor certification.

Why this is useful

See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.

View full reasoning +
The petitioner's awards and evaluations were local/institutional in significance and did not demonstrate influence on the field as a whole. Labor shortages and unavailability of U.S. workers are addressed through the labor certification process, and the petitioner is in fact the beneficiary of an approved labor certification.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_01_B5203; source_row=17851
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Well positionedEstablishedAutomated extraction · broader context

Case facts

Social Sciences

Issue evaluated

NIW · Well positioned

national in scope

Why the evidence was persuasive

The AAO found that the petitioner's intended continuation of psychological research concerning religion and violence appears to be national in scope, distinguishing it from his role as a staff psychologist at a state hospital.

Why this is useful

Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.

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The AAO found that the petitioner's intended continuation of psychological research concerning religion and violence appears to be national in scope, distinguishing it from his role as a staff psychologist at a state hospital.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_04_B5203; source_row=17859
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context

Case facts

Social Sciences

Issue evaluated

NIW · Waiver on balance

serves national interest to substantially greater degree than available U.S. worker

Why AAO was not persuaded

The AAO found that the reference letters lacked specific examples of how the petitioner's work had influenced the field as a whole, the citation record was minimal (no article independently cited more than four times, five self-cites excluded), conference presentations did not demonstrate field-wide influence, federal funding did not differentiate him from other capable researchers, and speculation about future impact could…

Why this is useful

See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.

View full reasoning +
The AAO found that the reference letters lacked specific examples of how the petitioner's work had influenced the field as a whole, the citation record was minimal (no article independently cited more than four times, five self-cites excluded), conference presentations did not demonstrate field-wide influence, federal funding did not differentiate him from other capable researchers, and speculation about future impact could not substitute for present eligibility.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_04_B5203; source_row=17860
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · National importanceEstablishedAutomated extraction · broader context

Case facts

Social Sciences

Issue evaluated

NIW · National importance

substantial intrinsic merit

Why the evidence was persuasive

The AAO agreed that the petitioner's work as a psychologist is in an area of substantial intrinsic merit. Federal funding and the nature of the research on religion, violence, and peacemaking were noted as supporting this prong.

Why this is useful

Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.

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The AAO agreed that the petitioner's work as a psychologist is in an area of substantial intrinsic merit. Federal funding and the nature of the research on religion, violence, and peacemaking were noted as supporting this prong.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_04_B5203; source_row=17858
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Well positionedEstablishedAutomated extraction · broader context

Case facts

Medicine / Clinical

Issue evaluated

NIW · Well positioned

national in scope

Why the evidence was persuasive

AAO reversed the director, finding that improving diagnostic and treatment methods for IPF would substantially benefit the U.S. healthcare system and that the documentation was sufficient to demonstrate national scope.

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 reversed the director, finding that improving diagnostic and treatment methods for IPF would substantially benefit the U.S. healthcare system and that the documentation was sufficient to demonstrate national scope.
Exact record locator: findings_long.parquet filename_stem=2014-04-18_02_B5203; source_row=17853
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
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