Search a substantial collection of case-specific reasoning, then narrow it by petition, field, legal issue, or date.
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10,847 decisions /36,849 findings
Showing 21001–21010
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 benefits as a special educator were limited to students at her school, and therefore so attenuated at the national level as to be negligible. General arguments about the importance of education or the NCLBA's mandates cannot establish national scope for one individual teacher's work. A local-scale contribution to an overall national effort does not meet the NYSDOT threshold.
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 the petitioner's benefits as a special educator were limited to students at her school, and therefore so attenuated at the national level as to be negligible. General arguments about the importance of education or the NCLBA's mandates cannot establish national scope for one individual teacher's work. A local-scale contribution to an overall national effort does not meet the NYSDOT threshold.
Exact record locator: findings_long.parquet filename_stem=2013-09-19_02_B5203; source_row=16991 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · Waiver on balance
national interest substantially greater than U.S. worker
Why AAO was not persuaded
AAO found that the reference letters praised the petitioner's teaching abilities and personal character but did not demonstrate impact or influence outside the schools where she worked. Awards and certificates were of only local or institutional significance. The labor shortage argument properly falls under Department of Labor jurisdiction.…
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
View full reasoning +
AAO found that the reference letters praised the petitioner's teaching abilities and personal character but did not demonstrate impact or influence outside the schools where she worked. Awards and certificates were of only local or institutional significance. The labor shortage argument properly falls under Department of Labor jurisdiction. The petitioner failed to establish a past history of demonstrable achievement with some degree of influence on the field as a whole.
Exact record locator: findings_long.parquet filename_stem=2013-09-19_02_B5203; source_row=16992 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Computer Science / AI
Issue evaluated
NIW · Waiver on balance
serve the national interest to a substantially greater degree than an available U.S. worker
Why AAO was not persuaded
The petitioner failed to demonstrate a past record of achievement showing influence on the field as a whole. A favorable performance review and employment at innovative cybersecurity companies do not show impact beyond his employers, and an advanced degree and general importance of the field are insufficient to satisfy the third NYSDOT factor.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
View full reasoning +
The petitioner failed to demonstrate a past record of achievement showing influence on the field as a whole. A favorable performance review and employment at innovative cybersecurity companies do not show impact beyond his employers, and an advanced degree and general importance of the field are insufficient to satisfy the third NYSDOT factor.
Exact record locator: findings_long.parquet filename_stem=2013-09-19_01_B5203; source_row=16989 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · Waiver on balance
national interest substantially greater than available U.S. worker
Why AAO was not persuaded
AAO found that the petitioner did not submit documentary evidence indicating that he has impacted the field to a substantially greater degree than other similarly qualified special education teachers. Arguments about labor shortages and the NCLBA's highly qualified teacher standard fall under the Department of Labor's jurisdiction and do not satisfy the NYSDOT standard.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
View full reasoning +
AAO found that the petitioner did not submit documentary evidence indicating that he has impacted the field to a substantially greater degree than other similarly qualified special education teachers. Arguments about labor shortages and the NCLBA's highly qualified teacher standard fall under the Department of Labor's jurisdiction and do not satisfy the NYSDOT standard.
Exact record locator: findings_long.parquet filename_stem=2013-09-19_03_B5203; source_row=16995 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
AAO found that the petitioner's impact was confined to the local school district and that general arguments about the national importance of education or the NCLBA do not demonstrate that one individual teacher's contributions are national in scope. Future possibilities raised by the Alt-MSA letter could not satisfy eligibility requirements that must be met at the time of filing.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
View full reasoning +
AAO found that the petitioner's impact was confined to the local school district and that general arguments about the national importance of education or the NCLBA do not demonstrate that one individual teacher's contributions are national in scope. Future possibilities raised by the Alt-MSA letter could not satisfy eligibility requirements that must be met at the time of filing.
Exact record locator: findings_long.parquet filename_stem=2013-09-19_03_B5203; source_row=16994 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 that the petitioner's impact was limited to students at her school and thus too attenuated at the national level to qualify. General arguments about educational reform and the importance of teachers as a class did not establish that this individual teacher's work had national scope. The NCLBA did not supersede NYSDOT.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
View full reasoning +
AAO found that the petitioner's impact was limited to students at her school and thus too attenuated at the national level to qualify. General arguments about educational reform and the importance of teachers as a class did not establish that this individual teacher's work had national scope. The NCLBA did not supersede NYSDOT.
Exact record locator: findings_long.parquet filename_stem=2013-09-18_01_B5203; source_row=16982 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c