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.
progressive post-baccalaureate experience equivalent to advanced degree
Why the evidence was persuasive
AAO found the petitioner's 2010 appointment as Science Department Chairperson overseeing 300+ students, certifications reflecting increased responsibilities, and extensive professional development activities collectively established more than five years of progressive post-baccalaureate experience.
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AAO found the petitioner's 2010 appointment as Science Department Chairperson overseeing 300+ students, certifications reflecting increased responsibilities, and extensive professional development activities collectively established more than five years of progressive post-baccalaureate experience.
Exact record locator: findings_long.parquet filename_stem=2014-02-05_02_B5203; source_row=17588 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the petitioner's 2012 net income ($1,982) and net current assets (-$7,558) were both insufficient to cover the proffered wage of $54,622.40. Wages paid to the beneficiary in 2013 ($4,555.18 YTD) fell far short of the proffered wage. Bank statements were rejected as not among the required forms of evidence and as unable to show sustainable ability to pay.…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO found that the petitioner's 2012 net income ($1,982) and net current assets (-$7,558) were both insufficient to cover the proffered wage of $54,622.40. Wages paid to the beneficiary in 2013 ($4,555.18 YTD) fell far short of the proffered wage. Bank statements were rejected as not among the required forms of evidence and as unable to show sustainable ability to pay. The totality of circumstances, including low taxable income in 2011 and no evidence of uncharacteristic losses, did not support a finding of ability to pay.
Exact record locator: findings_long.parquet filename_stem=2014-02-04_04_B5203; source_row=17583 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses 24 months of qualifying experience required by the labor certification
Why AAO was not persuaded
AAO raised this issue beyond the director's decision, finding the experience with the petitioner was in a substantially comparable position and the experience with the apparent overseas affiliate is similarly unusable, with additional unresolved full-time/part-time inconsistencies.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO raised this issue beyond the director's decision, finding the experience with the petitioner was in a substantially comparable position and the experience with the apparent overseas affiliate is similarly unusable, with additional unresolved full-time/part-time inconsistencies.
Exact record locator: findings_long.parquet filename_stem=2014-02-04_03_B5203; source_row=17582 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses advanced degree as required by labor certification
Why AAO was not persuaded
AAO agreed the beneficiary holds the equivalent of two bachelor's degrees, not a Master's, and rejected the H.14 Kellogg-mandated language as a basis to accept lesser qualifications.
Why this is useful
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AAO agreed the beneficiary holds the equivalent of two bachelor's degrees, not a Master's, and rejected the H.14 Kellogg-mandated language as a basis to accept lesser qualifications.
Exact record locator: findings_long.parquet filename_stem=2014-02-04_03_B5203; source_row=17581 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum experience requirements of the labor certification by the priority date
Why AAO was not persuaded
The beneficiary's claimed experience as a Database Administrator and Systems Engineer totaled only four years and seven months at best—five months short of the required five years. Further, inconsistencies between the experience letters and tax returns (which listed the beneficiary as a Systems Engineer in 2008–2009, contrary to the labor certification's representation that he was a Database Administrator) undermined the cr…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The beneficiary's claimed experience as a Database Administrator and Systems Engineer totaled only four years and seven months at best—five months short of the required five years. Further, inconsistencies between the experience letters and tax returns (which listed the beneficiary as a Systems Engineer in 2008–2009, contrary to the labor certification's representation that he was a Database Administrator) undermined the credibility of the petitioner's evidence. The beneficiary's experience in his current Project Manager Client Services role could not be counted because that position was substantially comparable to the offered position.
Exact record locator: findings_long.parquet filename_stem=2014-02-04_07_B5203; source_row=17584 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Business / ManagementResearcher
Issue evaluated
NIW · Waiver on balance
national interest served substantially greater than available U.S. worker
Why AAO was not persuaded
AAO found the petitioner lacked the required past history of demonstrable achievement with influence on the field. His company was a brand-new startup with no completed patent, no commercial activity, and speculative future prospects; his research publications were limited and unaccompanied by citation evidence; and his post-filing evidence could not establish eligibility as of the filing date.…
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 the petitioner lacked the required past history of demonstrable achievement with influence on the field. His company was a brand-new startup with no completed patent, no commercial activity, and speculative future prospects; his research publications were limited and unaccompanied by citation evidence; and his post-filing evidence could not establish eligibility as of the filing date. Entrepreneurship alone does not qualify a petitioner for the NIW absent a track record of influential achievement.
Exact record locator: findings_long.parquet filename_stem=2014-02-04_01_B5203; source_row=17577 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
national interest substantially greater than U.S. worker
Why AAO was not persuaded
The petitioner performed data-gathering support roles consistent with graduate student requirements, and her contributions were several steps removed from the published research. Her work was not widely disseminated, she was not a credited co-author on any peer-reviewed publications, and the record did not show that the field's results would have differed if another qualified worker had collected the data.
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 performed data-gathering support roles consistent with graduate student requirements, and her contributions were several steps removed from the published research. Her work was not widely disseminated, she was not a credited co-author on any peer-reviewed publications, and the record did not show that the field's results would have differed if another qualified worker had collected the data.
Exact record locator: findings_long.parquet filename_stem=2014-02-04_02_B5203; source_row=17580 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c