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 20661–20670

NIWNIW · EB-2 baselineNot established

Case facts

Computer Science / AIBachelor’s

Issue evaluated

NIW · EB-2 baseline

possession of advanced degree or equivalent

Why AAO was not persuaded

AAO found the credential evaluations inadequate because they did not sufficiently explain the credit-hour conversion methodology, the Carnegie Unit does not reliably apply to Indian university degrees, and EDGE confirms the three-year degree equates to only three years of U.S. study. A three-year Indian degree is generally not a foreign equivalent of a U.S. baccalaureate under Matter of Shah.

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AAO found the credential evaluations inadequate because they did not sufficiently explain the credit-hour conversion methodology, the Carnegie Unit does not reliably apply to Indian university degrees, and EDGE confirms the three-year degree equates to only three years of U.S. study. A three-year Indian degree is generally not a foreign equivalent of a U.S. baccalaureate under Matter of Shah.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_01_B5203; source_row=17338
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · EB-2 baselineNot established

Case facts

Computer Science / AI

Issue evaluated

NIW · EB-2 baseline

Labor certification requires an advanced degree professional

Why AAO was not persuaded

AAO agreed with the director that the H.14 language allows a combination of lesser credentials and thus the position does not require an advanced degree professional.

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AAO agreed with the director that the H.14 language allows a combination of lesser credentials and thus the position does not require an advanced degree professional.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_02_B5203; source_row=17342
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot established

Case facts

Medicine / Clinical

Issue evaluated

NIW · Waiver on balance

national interest substantially greater than available U.S. worker

Why AAO was not persuaded

The petitioner did not establish that his past record of achievement justifies a waiver. His acknowledgment of no citations, his participation in a multi-site study he did not design, and his general clinical work did not distinguish him from other neonatologists. Board certification is not a basis for the waiver.

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 did not establish that his past record of achievement justifies a waiver. His acknowledgment of no citations, his participation in a multi-site study he did not design, and his general clinical work did not distinguish him from other neonatologists. Board certification is not a basis for the waiver.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_13_B5203; source_row=17378
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot established

Case facts

Social SciencesMaster’s

Issue evaluated

NIW · Waiver on balance

serves national interest substantially greater than U.S. worker

Why AAO was not persuaded

AAO found that counsel's arguments were unsupported assertions, not evidence, and that the previously approved petition and labor certification undercut the claim that the labor certification process would harm the petitioner or lead to school closures. The petitioner did not establish a past record of achievement at a level justifying the waiver, nor did she show influence on the field as a whole.

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AAO found that counsel's arguments were unsupported assertions, not evidence, and that the previously approved petition and labor certification undercut the claim that the labor certification process would harm the petitioner or lead to school closures. The petitioner did not establish a past record of achievement at a level justifying the waiver, nor did she show influence on the field as a whole.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_09_B5203; source_row=17365
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot established

Case facts

Social Sciences

Issue evaluated

NIW · Waiver on balance

national interest substantially greater than available U.S. worker

Why AAO was not persuaded

The AAO found that the petitioner's satisfactory/proficient performance reviews, local recognition, and unsupported claims of student achievement do not establish that she would serve the national interest to a substantially greater degree than an available U.S. worker.…

Why this is useful

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The AAO found that the petitioner's satisfactory/proficient performance reviews, local recognition, and unsupported claims of student achievement do not establish that she would serve the national interest to a substantially greater degree than an available U.S. worker. Being a highly qualified teacher under the NCLB Act does not establish eligibility for the waiver, and the NCLB Act did not create a blanket immigration waiver for teachers.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_11_B5203; source_row=17372
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot established

Case facts

Electrical / Electronic Engineering

Issue evaluated

NIW · Waiver on balance

national interest substantially greater than U.S. worker

Why AAO was not persuaded

The petitioner failed to show a past record of achievement with demonstrable influence on the field as a whole. Evidence of a local labor shortage does not warrant the NIW because labor certification already addresses such shortages. Listing areas of endeavor affected by the petitioner's work only speaks to intrinsic merit. The record lacked details about the petitioner's specific contributions to most of the fields claimed.

Why this is useful

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The petitioner failed to show a past record of achievement with demonstrable influence on the field as a whole. Evidence of a local labor shortage does not warrant the NIW because labor certification already addresses such shortages. Listing areas of endeavor affected by the petitioner's work only speaks to intrinsic merit. The record lacked details about the petitioner's specific contributions to most of the fields claimed.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_10_B5203; source_row=17368
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Wages paid to beneficiary equal to or exceeding proffered wage

Why AAO was not persuaded

The W-2s for 2010 and 2011 show wages of only $33,176, far below the proffered wage of $52,894.40. No W-2 for 2012 or later was submitted, so no prima facie proof existed for the priority date year or beyond.

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The W-2s for 2010 and 2011 show wages of only $33,176, far below the proffered wage of $52,894.40. No W-2 for 2012 or later was submitted, so no prima facie proof existed for the priority date year or beyond.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_03_B5203; source_row=17345
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Overall business circumstances (Sonegawa analysis)

Why AAO was not persuaded

Although the petitioner is a long-standing dairy farm, its gross income declined approximately six percent from 2011 to 2012, net farm profit was reported as losses in both years, and net current assets were negative in both years. The record does not show analogous circumstances to those in Sonegawa justifying a favorable exercise of discretion.

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Although the petitioner is a long-standing dairy farm, its gross income declined approximately six percent from 2011 to 2012, net farm profit was reported as losses in both years, and net current assets were negative in both years. The record does not show analogous circumstances to those in Sonegawa justifying a favorable exercise of discretion.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_03_B5203; source_row=17348
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Advanced degree qualification — certified English translation

Why AAO was not persuaded

The beneficiary's foreign educational credentials were submitted without certified English translations, violating 8 C.F.R. § 103.2(b)(3), and thus the advanced degree requirement was not established.

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The beneficiary's foreign educational credentials were submitted without certified English translations, violating 8 C.F.R. § 103.2(b)(3), and thus the advanced degree requirement was not established.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_03_B5203; source_row=17349
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Net current assets sufficient to pay proffered wage

Why AAO was not persuaded

The petitioner's 2012 net current assets were -$4,300, insufficient to pay the proffered wage.

Why this is useful

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The petitioner's 2012 net current assets were -$4,300, insufficient to pay the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_03_B5203; source_row=17347
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
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