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10,847 decisions /36,849 findings
Showing 20231–20240
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Materials SciencePhD2,009 papers
Issue evaluated
NIW · Well positioned
national in scope
Why the evidence was persuasive
The national scope of the petitioner's occupation is explicitly not in dispute in this proceeding.
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The national scope of the petitioner's occupation is explicitly not in dispute in this proceeding.
Exact record locator: findings_long.parquet filename_stem=2014-04-16_01_B5203; source_row=17846 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO considered the totality of business circumstances but found they did not favor the petitioner: the business had only been operating for three years (versus over 11 years in Sonegawa), one year of gross sales growth did not establish a pattern, total wages paid were low relative to claimed employment, and no evidence of industry reputation or whether the beneficiary was replacing a prior employee was provided.
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The AAO considered the totality of business circumstances but found they did not favor the petitioner: the business had only been operating for three years (versus over 11 years in Sonegawa), one year of gross sales growth did not establish a pattern, total wages paid were low relative to claimed employment, and no evidence of industry reputation or whether the beneficiary was replacing a prior employee was provided.
Exact record locator: findings_long.parquet filename_stem=2014-04-15_01_B5203; source_row=17844 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets / personal liquefiable assets sufficient to pay proffered wage
Why AAO was not persuaded
The petitioner did not establish that the sole proprietor had personal liquefiable assets sufficient to pay the proffered wage. The petitioner's 2012 tax return used cash-basis accounting while the audited balance sheet used accrual-basis, making them incompatible for use together in the two-prong analysis. Counsel's assertion of 'no overlap in numbers' was unsupported by evidence.
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The petitioner did not establish that the sole proprietor had personal liquefiable assets sufficient to pay the proffered wage. The petitioner's 2012 tax return used cash-basis accounting while the audited balance sheet used accrual-basis, making them incompatible for use together in the two-prong analysis. Counsel's assertion of 'no overlap in numbers' was unsupported by evidence.
Exact record locator: findings_long.parquet filename_stem=2014-04-15_01_B5203; source_row=17843 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income / AGI sufficient to cover personal expenses and proffered wage
Why AAO was not persuaded
The sole proprietor's 2012 AGI of $70,054 was far below what would be needed to cover both his personal household expenses of $54,000 and the proffered wage of $164,299. Counsel also erred by using Schedule C net profit rather than AGI, and by failing to account for the proffered wage in his analysis.
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The sole proprietor's 2012 AGI of $70,054 was far below what would be needed to cover both his personal household expenses of $54,000 and the proffered wage of $164,299. Counsel also erred by using Schedule C net profit rather than AGI, and by failing to account for the proffered wage in his analysis.
Exact record locator: findings_long.parquet filename_stem=2014-04-15_01_B5203; source_row=17842 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or equivalent (baccalaureate plus five years progressive experience)
Why AAO was not persuaded
AAO agreed the degree was completed in January 2005 based on transcript evidence showing the beneficiary failed multiple semesters and only became eligible for the degree after clearing the semester VI examination in January 2005. Even if inconsistencies in experience letters were resolved, the post-baccalaureate experience period from January 2005 to May 9, 2009 was less than five years.…
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AAO agreed the degree was completed in January 2005 based on transcript evidence showing the beneficiary failed multiple semesters and only became eligible for the degree after clearing the semester VI examination in January 2005. Even if inconsistencies in experience letters were resolved, the post-baccalaureate experience period from January 2005 to May 9, 2009 was less than five years. Additionally, experience letters were inconsistent and did not meet regulatory requirements, and the petitioner's own employment of the beneficiary could not be used to qualify under the labor certification.
Exact record locator: findings_long.parquet filename_stem=2014-04-10_01_B5203; source_row=17840 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's Philippine bachelor's degree in physical therapy constitutes a foreign equivalent of a U.S. baccalaureate degree, not an advanced degree. EDGE states that the five-year physical therapy bachelor's degree in the Philippines is undergraduate-level, and the fact that the U.S. discontinued baccalaureate programs does not elevate the Philippine degree to master's equivalency.…
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The beneficiary's Philippine bachelor's degree in physical therapy constitutes a foreign equivalent of a U.S. baccalaureate degree, not an advanced degree. EDGE states that the five-year physical therapy bachelor's degree in the Philippines is undergraduate-level, and the fact that the U.S. discontinued baccalaureate programs does not elevate the Philippine degree to master's equivalency. The FCCPT evaluation was given reduced weight because its authority is limited to the credentialing/admissibility context, not advanced degree determinations for EB-2 purposes.
Exact record locator: findings_long.parquet filename_stem=2014-04-09_10_B5203; source_row=17835 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the bachelor's is not a foreign equivalent advanced degree; FCCPT's substantial-equivalence coursework analysis is not binding and addresses a different standard, and EDGE confirms the Philippine PT bachelor's is comparable to a U.S. bachelor's.
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AAO agreed the bachelor's is not a foreign equivalent advanced degree; FCCPT's substantial-equivalence coursework analysis is not binding and addresses a different standard, and EDGE confirms the Philippine PT bachelor's is comparable to a U.S. bachelor's.
Exact record locator: findings_long.parquet filename_stem=2014-04-09_05_B5203; source_row=17825 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO finds the evidence insufficient to show the Philippine bachelor's degree is above baccalaureate level. EDGE indicates the Philippine PT degree is comparable to a U.S. bachelor's; CAPTE data shows U.S. master's PT programs require ~202 credits, far more than the beneficiary's program. Expert evaluations are advisory and were given less weight where inconsistent with EDGE.
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AAO finds the evidence insufficient to show the Philippine bachelor's degree is above baccalaureate level. EDGE indicates the Philippine PT degree is comparable to a U.S. bachelor's; CAPTE data shows U.S. master's PT programs require ~202 credits, far more than the beneficiary's program. Expert evaluations are advisory and were given less weight where inconsistent with EDGE.
Exact record locator: findings_long.parquet filename_stem=2014-04-09_07_B5203; source_row=17830 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or foreign equivalent under 8 C.F.R. § 204.5(k)(2)
Why AAO was not persuaded
FCCPT's substantial-equivalence finding aggregated coursework from multiple sources and is not equivalent to a single foreign degree above a baccalaureate. EDGE indicates the Philippine bachelor's in physical therapy is comparable to a U.S. bachelor's degree, not a master's.
Why this is useful
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FCCPT's substantial-equivalence finding aggregated coursework from multiple sources and is not equivalent to a single foreign degree above a baccalaureate. EDGE indicates the Philippine bachelor's in physical therapy is comparable to a U.S. bachelor's degree, not a master's.
Exact record locator: findings_long.parquet filename_stem=2014-04-09_06_B5203; source_row=17828 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c