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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.
AAO rejected prorating the annual proffered wage against 12 months of income to cover only a partial year, because no monthly income statements or pay stubs specifically covering the post-priority-date period were submitted. The 2012 net income of $52,255 is insufficient against the $108,000 annual proffered wage.
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AAO rejected prorating the annual proffered wage against 12 months of income to cover only a partial year, because no monthly income statements or pay stubs specifically covering the post-priority-date period were submitted. The 2012 net income of $52,255 is insufficient against the $108,000 annual proffered wage.
Exact record locator: findings_long.parquet filename_stem=2014-01-28_02_B5203; source_row=17566 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages for multiple pending I-140 petitions
Why AAO was not persuaded
AAO noted that the petitioner had filed another I-140 petition for a different beneficiary, triggering the requirement to demonstrate ability to pay combined proffered wages. The record lacked information about the priority date, proffered wage, wages paid, or disposition of the other petition.
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AAO noted that the petitioner had filed another I-140 petition for a different beneficiary, triggering the requirement to demonstrate ability to pay combined proffered wages. The record lacked information about the priority date, proffered wage, wages paid, or disposition of the other petition.
Exact record locator: findings_long.parquet filename_stem=2014-01-28_02_B5203; source_row=17569 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Totality of circumstances / overall business magnitude (Sonegawa)
Why AAO was not persuaded
AAO considered the petitioner's business history (in operation since 2008, three employees, average wages of ~$38,000 per employee) and found the proffered wage of over $107,000 was more than twice the per-employee average, with no evidence of industry reputation, uncharacteristic expenditures, or whether the beneficiary replaces a prior employee. The totality of circumstances did not support ability to pay.
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AAO considered the petitioner's business history (in operation since 2008, three employees, average wages of ~$38,000 per employee) and found the proffered wage of over $107,000 was more than twice the per-employee average, with no evidence of industry reputation, uncharacteristic expenditures, or whether the beneficiary replaces a prior employee. The totality of circumstances did not support ability to pay.
Exact record locator: findings_long.parquet filename_stem=2014-01-28_02_B5203; source_row=17568 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO agreed the petitioner met this criterion, finding the publication record supported authorship of scholarly articles in professional publications.
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The AAO agreed the petitioner met this criterion, finding the publication record supported authorship of scholarly articles in professional publications.
Exact record locator: findings_long.parquet filename_stem=2014-01-28_01_B2203; source_row=17562 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses minimum 60 months of experience in the job offered as required by the labor certification
Why AAO was not persuaded
The record lacked a proper employer verification letter for one employer; W-2 forms showed varying wages inconsistent with full-time employment and cannot substitute for regulatory evidence. A prior sworn statement by the petitioner's president and the beneficiary attested to part-time (20 hrs/week) employment with the main employer, directly contradicting the current petition's claim of full-time employment.…
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The record lacked a proper employer verification letter for one employer; W-2 forms showed varying wages inconsistent with full-time employment and cannot substitute for regulatory evidence. A prior sworn statement by the petitioner's president and the beneficiary attested to part-time (20 hrs/week) employment with the main employer, directly contradicting the current petition's claim of full-time employment. The resume conflicted with the beneficiary's own sworn Form G-325. Philippine employment letters were undated, lacked job duty descriptions, and covered unclaimed employment.
Exact record locator: findings_long.parquet filename_stem=2014-01-28_01_B5203; source_row=17564 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary holds advanced degree or equivalent (baccalaureate plus five years progressive experience)
Why AAO was not persuaded
Although AAO confirmed the beneficiary's bachelor's degree from the Philippines is equivalent to a U.S. bachelor's degree per AACRAO EDGE, the petitioner failed to establish the requisite five years of progressive post-baccalaureate experience in the specialty, meaning the advanced degree equivalency was not proven.
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Although AAO confirmed the beneficiary's bachelor's degree from the Philippines is equivalent to a U.S. bachelor's degree per AACRAO EDGE, the petitioner failed to establish the requisite five years of progressive post-baccalaureate experience in the specialty, meaning the advanced degree equivalency was not proven.
Exact record locator: findings_long.parquet filename_stem=2014-01-28_01_B5203; source_row=17565 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
serves the national interest to a substantially greater degree than an available U.S. worker
Why AAO was not persuaded
AAO found the witness letters were vague and conclusory, the petitioner submitted only one published article (not in pediatric endocrinology), the claimed influence of her research was unsupported by objective evidence, and a claimed local shortage of specialists does not justify the waiver. The petitioner failed to show a past record of achievement with some degree of influence on the field as a whole.
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AAO found the witness letters were vague and conclusory, the petitioner submitted only one published article (not in pediatric endocrinology), the claimed influence of her research was unsupported by objective evidence, and a claimed local shortage of specialists does not justify the waiver. The petitioner failed to show a past record of achievement with some degree of influence on the field as a whole.
Exact record locator: findings_long.parquet filename_stem=2014-01-27_01_B5203; source_row=17558 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c