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10,847 decisions /36,849 findings
Showing 20741–20750
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
AAO found that the petitioner's reference letters and awards were limited to local, regional, or institutional significance and did not show that the benefits of her work extended beyond her school or local district. AAO cited the NYSDOT example that while education is in the national interest, the impact of a single schoolteacher in one elementary school is not national in scope for waiver purposes.
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AAO found that the petitioner's reference letters and awards were limited to local, regional, or institutional significance and did not show that the benefits of her work extended beyond her school or local district. AAO cited the NYSDOT example that while education is in the national interest, the impact of a single schoolteacher in one elementary school is not national in scope for waiver purposes.
Exact record locator: findings_long.parquet filename_stem=2013-11-27_07_B5203; source_row=17303 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
No financial documents were submitted and the petitioner did not respond to the NOID requesting ability-to-pay evidence. Neither wages paid to the beneficiary, net income, nor net current assets were established.
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No financial documents were submitted and the petitioner did not respond to the NOID requesting ability-to-pay evidence. Neither wages paid to the beneficiary, net income, nor net current assets were established.
Exact record locator: findings_long.parquet filename_stem=2013-11-27_06_B5203; source_row=17301 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets minimum requirements of labor certification
Why AAO was not persuaded
Experience with the petitioner cannot be used because the beneficiary performed the same duties as the offered position and Q J.21 was answered 'no', and the labor cert bars alternate occupation experience. No experience letter from the listed prior employer was provided even after NOID.
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Experience with the petitioner cannot be used because the beneficiary performed the same duties as the offered position and Q J.21 was answered 'no', and the labor cert bars alternate occupation experience. No experience letter from the listed prior employer was provided even after NOID.
Exact record locator: findings_long.parquet filename_stem=2013-11-27_06_B5203; source_row=17300 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree and experience as of priority date
Why the evidence was persuasive
AAO determined upon full record review that the beneficiary possessed an advanced degree and the required work experience as of the priority date of July 24, 2012.
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AAO determined upon full record review that the beneficiary possessed an advanced degree and the required work experience as of the priority date of July 24, 2012.
Exact record locator: findings_long.parquet filename_stem=2013-11-27_01_B5203; source_row=17292 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
The petitioner failed to show that the benefits of her work as an elementary school teacher would extend beyond her local school and school district to have a national impact. General arguments about the importance of education and NCLBA only address intrinsic merit and do not establish national scope for an individual teacher's work.…
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The petitioner failed to show that the benefits of her work as an elementary school teacher would extend beyond her local school and school district to have a national impact. General arguments about the importance of education and NCLBA only address intrinsic merit and do not establish national scope for an individual teacher's work. The 2012 MSA results cited by counsel actually reflected low rankings for the petitioner's district, undermining the claim of effective national impact.
Exact record locator: findings_long.parquet filename_stem=2013-11-27_09_B5203; source_row=17306 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
labor certification supports advanced degree professional classification
Why AAO was not persuaded
AAO found Kellogg language was not required because the beneficiary qualifies based on the primary requirement, and that the language at issue is not actually Kellogg language. Even under counsel's interpretation, the H.14 language would allow qualification with less than a bachelor's plus five years' experience or a master's, so the labor certification does not support the EB-2 advanced degree professional category.
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AAO found Kellogg language was not required because the beneficiary qualifies based on the primary requirement, and that the language at issue is not actually Kellogg language. Even under counsel's interpretation, the H.14 language would allow qualification with less than a bachelor's plus five years' experience or a master's, so the labor certification does not support the EB-2 advanced degree professional category.
Exact record locator: findings_long.parquet filename_stem=2013-11-26_02_B5203; source_row=17279 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed that the petitioner had not demonstrated continuing ability to pay because the record contains no evidence of wages paid to or proffered wages and priority dates of the 18 additional sponsored workers, and excess payments to some workers do not establish funds available to pay others.
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AAO agreed that the petitioner had not demonstrated continuing ability to pay because the record contains no evidence of wages paid to or proffered wages and priority dates of the 18 additional sponsored workers, and excess payments to some workers do not establish funds available to pay others.
Exact record locator: findings_long.parquet filename_stem=2013-11-26_02_B5203; source_row=17280 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets experience requirements of the labor certification
Why AAO was not persuaded
The AAO found that the experience letter from the prior employer described duties of a System Network Engineer rather than a Business Development Specialist, and the petitioner's own president confirmed the two positions were completely different. Additionally, an unresolved discrepancy between the Pakistan experience letter and other record documents prevented reliance on that experience.
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The AAO found that the experience letter from the prior employer described duties of a System Network Engineer rather than a Business Development Specialist, and the petitioner's own president confirmed the two positions were completely different. Additionally, an unresolved discrepancy between the Pakistan experience letter and other record documents prevented reliance on that experience.
Exact record locator: findings_long.parquet filename_stem=2013-11-26_03_B5203; source_row=17281 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c