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The petitioner paid the beneficiary $57,600 in 2012 (against a proffered wage of $67,000), leaving a $9,400 gap, and only $4,721.70 in 2013, leaving a $62,278.30 gap. Prima facie proof of ability to pay was therefore not established.
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The petitioner paid the beneficiary $57,600 in 2012 (against a proffered wage of $67,000), leaving a $9,400 gap, and only $4,721.70 in 2013, leaving a $62,278.30 gap. Prima facie proof of ability to pay was therefore not established.
Exact record locator: findings_long.parquet filename_stem=2013-10-09_02_B5203; source_row=17060 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2012 Schedule C showed net income of -$108,977, which was insufficient to cover even the $9,400 gap between wages paid and the proffered wage.
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The petitioner's 2012 Schedule C showed net income of -$108,977, which was insufficient to cover even the $9,400 gap between wages paid and the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2013-10-09_02_B5203; source_row=17061 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
serve national interest to substantially greater degree than available U.S. worker
Why AAO was not persuaded
AAO found no evidence that the petitioner has impacted the field of special education to a substantially greater degree than other similarly qualified teachers, that her awards had only local or institutional significance, and that the NCLBA does not create a blanket waiver. AAO further noted that the petitioner already had an approved labor certification, contradicting counsel's claims about labor-cert inadequacy.
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AAO found no evidence that the petitioner has impacted the field of special education to a substantially greater degree than other similarly qualified teachers, that her awards had only local or institutional significance, and that the NCLBA does not create a blanket waiver. AAO further noted that the petitioner already had an approved labor certification, contradicting counsel's claims about labor-cert inadequacy.
Exact record locator: findings_long.parquet filename_stem=2013-10-08_04_B5203; source_row=17045 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
national interest served to substantially greater degree than available U.S. worker
Why AAO was not persuaded
AAO found that the petitioner's evidence of achievements, awards, and publications did not show that she had influenced the field of special education as a whole or impacted it to a substantially greater degree than other similarly qualified special education teachers. Teacher shortages are addressed by the labor certification process and do not establish eligibility for the waiver.
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AAO found that the petitioner's evidence of achievements, awards, and publications did not show that she had influenced the field of special education as a whole or impacted it to a substantially greater degree than other similarly qualified special education teachers. Teacher shortages are addressed by the labor certification process and do not establish eligibility for the waiver.
Exact record locator: findings_long.parquet filename_stem=2013-10-08_03_B5203; source_row=17042 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Mathematics / Statistics
Issue evaluated
NIW · Waiver on balance
serve national interest to a substantially greater degree than an available U.S. worker
Why AAO was not persuaded
AAO held the petitioner's awards were regional/local/institutional, her co-authorship contribution was not shown to have national influence, and arguments about teacher shortages or NCLBA 'highly qualified teacher' status do not establish individual eligibility for the waiver. The temporary debarment of her employer from filing labor certifications cannot substitute for a showing of individual qualifications surpassing U.S.…
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AAO held the petitioner's awards were regional/local/institutional, her co-authorship contribution was not shown to have national influence, and arguments about teacher shortages or NCLBA 'highly qualified teacher' status do not establish individual eligibility for the waiver. The temporary debarment of her employer from filing labor certifications cannot substitute for a showing of individual qualifications surpassing U.S. workers.
Exact record locator: findings_long.parquet filename_stem=2013-10-08_02_B5203; source_row=17039 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Social SciencesBachelor’s
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
AAO found the benefits of the petitioner's work as a single school teacher would be limited to her students and so attenuated at the national level as to be negligible, citing NYSDOT footnote 3 which uses school teachers as an example of work that is not national in scope.
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Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO found the benefits of the petitioner's work as a single school teacher would be limited to her students and so attenuated at the national level as to be negligible, citing NYSDOT footnote 3 which uses school teachers as an example of work that is not national in scope.
Exact record locator: findings_long.parquet filename_stem=2013-10-08_04_B5203; source_row=17044 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceEstablishedAutomated extraction · broader context
Case facts
Finance
Issue evaluated
NIW · National importance
substantial intrinsic merit
Why the evidence was persuasive
AAO agreed that the petitioner's work in the financial field is in an area of substantial intrinsic merit, and that at least one reference letter confirmed she works in such an area.
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AAO agreed that the petitioner's work in the financial field is in an area of substantial intrinsic merit, and that at least one reference letter confirmed she works in such an area.
Exact record locator: findings_long.parquet filename_stem=2013-10-08_01_B5203; source_row=17034 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Finance
Issue evaluated
NIW · Waiver on balance
benefit national interest to a substantially greater degree than U.S. worker
Why AAO was not persuaded
AAO found that reference letters praised the petitioner's knowledge and skills but did not set her apart from other competent financial analysts or explain how her work impacted the field beyond individual clients and employers. Her claimed achievements either lacked documentary support or post-dated the petition filing. A shortage of qualified workers is a Department of Labor matter.
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AAO found that reference letters praised the petitioner's knowledge and skills but did not set her apart from other competent financial analysts or explain how her work impacted the field beyond individual clients and employers. Her claimed achievements either lacked documentary support or post-dated the petition filing. A shortage of qualified workers is a Department of Labor matter.
Exact record locator: findings_long.parquet filename_stem=2013-10-08_01_B5203; source_row=17036 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Finance
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
AAO found that none of the submitted documentation demonstrated that the petitioner's work as a financial analyst would produce benefits national in scope, and that the impact of her work as a financial analyst would be limited to her employer and its clients, so attenuated at the national level as to be negligible.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO found that none of the submitted documentation demonstrated that the petitioner's work as a financial analyst would produce benefits national in scope, and that the impact of her work as a financial analyst would be limited to her employer and its clients, so attenuated at the national level as to be negligible.
Exact record locator: findings_long.parquet filename_stem=2013-10-08_01_B5203; source_row=17035 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c