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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.
Beneficiary holds required 24 months of qualifying experience
Why AAO was not persuaded
The beneficiary's experience with the petitioner cannot be used because the position is substantially comparable to the proffered position. The prior overseas employer shares a virtually identical name to the petitioner, suggesting affiliation, and counsel's bare assertion of non-affiliation is not evidence.…
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The beneficiary's experience with the petitioner cannot be used because the position is substantially comparable to the proffered position. The prior overseas employer shares a virtually identical name to the petitioner, suggesting affiliation, and counsel's bare assertion of non-affiliation is not evidence. The newly submitted earlier employment letter was not certified by DOL on the labor certification, lacks the writer's name and title, and does not confirm full-time status.
Exact record locator: findings_long.parquet filename_stem=2014-04-03_01_B5203; source_row=17765 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary holds required Master's degree or foreign equivalent
Why AAO was not persuaded
EDGE/AACRAO recommends that the beneficiary's Indian MBA degree is equivalent only to a U.S. bachelor's degree, not a master's degree. The H.14 'reasonable combination' language does not override the stated Master's degree requirement, and reading it otherwise would allow an applicant to qualify with less than a bachelor's degree, undermining the EB-2 classification.
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EDGE/AACRAO recommends that the beneficiary's Indian MBA degree is equivalent only to a U.S. bachelor's degree, not a master's degree. The H.14 'reasonable combination' language does not override the stated Master's degree requirement, and reading it otherwise would allow an applicant to qualify with less than a bachelor's degree, undermining the EB-2 classification.
Exact record locator: findings_long.parquet filename_stem=2014-04-03_01_B5203; source_row=17764 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Foreign degree equivalency to U.S. Master's in Computer Science
Why AAO was not persuaded
The AAO discounted two of the five evaluations (dated February 2014) because they contained virtually identical language, raising doubts about their independence, and also appeared to echo language from an earlier 2013 evaluation. The remaining evaluations were found unpersuasive because they failed to demonstrate that the MCA curriculum met the general requirements of U.S. Master's programs in Computer Science.…
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The AAO discounted two of the five evaluations (dated February 2014) because they contained virtually identical language, raising doubts about their independence, and also appeared to echo language from an earlier 2013 evaluation. The remaining evaluations were found unpersuasive because they failed to demonstrate that the MCA curriculum met the general requirements of U.S. Master's programs in Computer Science. AACRAO EDGE, which the AAO treats as a reliable peer-reviewed source, found the Indian MCA comparable to a master's in 'computer application' rather than computer science, and the petitioner submitted no evidence distinguishing the MCA from a U.S. Master's in Management Information Systems or Computer Information Systems.
Exact record locator: findings_long.parquet filename_stem=2014-04-03_08_B5203; source_row=17771 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Master's degree in Occupational Therapy or foreign equivalent
Why AAO was not persuaded
AAO relied on AACRAO EDGE, which characterizes a Filipino Bachelor of Science (including the five-year OT program) as comparable to a U.S. bachelor's degree, and a Filipino Master's as 1-2 years of graduate study. The FIS evaluation's recharacterization of undergraduate courses and the NBCOT comparability letter do not establish equivalency to a U.S.…
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AAO relied on AACRAO EDGE, which characterizes a Filipino Bachelor of Science (including the five-year OT program) as comparable to a U.S. bachelor's degree, and a Filipino Master's as 1-2 years of graduate study. The FIS evaluation's recharacterization of undergraduate courses and the NBCOT comparability letter do not establish equivalency to a U.S. Master's degree, and the ETA Form 9089 did not permit the bachelor's-plus-five-years alternate equivalency.
Exact record locator: findings_long.parquet filename_stem=2014-04-03_07_B5203; source_row=17769 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses Master's degree in Occupational Therapy or foreign equivalent as required by ETA Form 9089
Why AAO was not persuaded
AAO concurred with the director, relying on AACRAO EDGE which describes the Filipino Bachelor of Science (including five-year programs in Occupational Therapy) as comparable to a U.S. bachelor's degree, while a Filipino Master's requires 1-2 years of graduate study. The FIS evaluation and NBCOT certificate are not probative of equivalency to a U.S. Master's degree.
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AAO concurred with the director, relying on AACRAO EDGE which describes the Filipino Bachelor of Science (including five-year programs in Occupational Therapy) as comparable to a U.S. bachelor's degree, while a Filipino Master's requires 1-2 years of graduate study. The FIS evaluation and NBCOT certificate are not probative of equivalency to a U.S. Master's degree.
Exact record locator: findings_long.parquet filename_stem=2014-04-03_05_B5203; source_row=17767 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 in the field
Why AAO was not persuaded
Support letters praised the petitioner's talent but did not articulate how he made significant contributions impacting the field as a whole. The improvisation/fitness technique's impact was in the fitness industry, not the petitioner's claimed field of acting, and there was insufficient evidence that it had wide impact even in that field.
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Distinguish original work from evidence that the contribution had major significance across the field.
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Support letters praised the petitioner's talent but did not articulate how he made significant contributions impacting the field as a whole. The improvisation/fitness technique's impact was in the fitness industry, not the petitioner's claimed field of acting, and there was insufficient evidence that it had wide impact even in that field.
Exact record locator: findings_long.parquet filename_stem=2014-04-02_01_B2203; source_row=17759 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
A school of the arts is an institution for training and educating artists, not an association comprised of members. Admission relies on auditions to assess potential talent, not outstanding achievement, and graduation confers a certificate not a qualifying membership.
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A school of the arts is an institution for training and educating artists, not an association comprised of members. Admission relies on auditions to assess potential talent, not outstanding achievement, and graduation confers a certificate not a qualifying membership.
Exact record locator: findings_long.parquet filename_stem=2014-04-02_01_B2203; source_row=17757 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
display of the alien's work at artistic exhibitions or showcases
Why AAO was not persuaded
AAO reversed the director's finding, holding that criterion (vii) is limited to the visual arts and performing arts performances do not qualify. Acting in plays constitutes performance art, not visual art, and the petitioner has not created tangible pieces of art displayed at exhibitions or showcases.
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AAO reversed the director's finding, holding that criterion (vii) is limited to the visual arts and performing arts performances do not qualify. Acting in plays constitutes performance art, not visual art, and the petitioner has not created tangible pieces of art displayed at exhibitions or showcases.
Exact record locator: findings_long.parquet filename_stem=2014-04-02_01_B2203; source_row=17760 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material about the alien in professional or major trade publications or other major media
Why AAO was not persuaded
Most submitted materials were in Dutch with non-compliant translations lacking translator certification, rendering them without probative value. The one article in a national-readership publication was not about the petitioner; articles that merely mention the petitioner do not satisfy the regulatory requirement that material be 'about' the alien.
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Most submitted materials were in Dutch with non-compliant translations lacking translator certification, rendering them without probative value. The one article in a national-readership publication was not about the petitioner; articles that merely mention the petitioner do not satisfy the regulatory requirement that material be 'about' the alien.
Exact record locator: findings_long.parquet filename_stem=2014-04-02_01_B2203; source_row=17758 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for organizations or establishments with a distinguished reputation
What the decision said
AAO found the argument abandoned on appeal because counsel made only a passing reference without substantive arguments, which is insufficient to raise the ground on appeal.
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AAO found the argument abandoned on appeal because counsel made only a passing reference without substantive arguments, which is insufficient to raise the ground on appeal.
Exact record locator: findings_long.parquet filename_stem=2014-04-02_01_B2203; source_row=17761 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c