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.
10,847 decisions /36,849 findings
Showing 21071–21080
NIWNIW · EB-2 baselineNot established
Case facts
Chemistry / Chemical Engineering
Issue evaluated
NIW · EB-2 baseline
possession of a U.S. advanced degree or foreign equivalent degree
Why AAO was not persuaded
The SDC is a professional organization, not a college or university, and therefore cannot confer a qualifying foreign equivalent degree. A single U.S. baccalaureate or foreign equivalent degree from a college or university is required; a combination of lesser credentials and/or work experience cannot satisfy the requirement.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The SDC is a professional organization, not a college or university, and therefore cannot confer a qualifying foreign equivalent degree. A single U.S. baccalaureate or foreign equivalent degree from a college or university is required; a combination of lesser credentials and/or work experience cannot satisfy the requirement.
Exact record locator: findings_long.parquet filename_stem=2013-08-21_01_B5203; source_row=16911 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
labor certification requires advanced degree or equivalent
Why AAO was not persuaded
The AAO agreed that the labor certification's H.8 alternate combination allowing 'equivalent of a Bachelor's' plus five years experience permits qualification with less than a baccalaureate followed by five years of progressive experience, so the position does not require an advanced degree.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The AAO agreed that the labor certification's H.8 alternate combination allowing 'equivalent of a Bachelor's' plus five years experience permits qualification with less than a baccalaureate followed by five years of progressive experience, so the position does not require an advanced degree.
Exact record locator: findings_long.parquet filename_stem=2013-08-16_05_B5203; source_row=16910 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
national interest substantially greater than U.S. worker
Why AAO was not persuaded
Claiming unique skills or special training does not inherently meet the national interest threshold. Labor shortage arguments fall under the jurisdiction of the Department of Labor through the alien employment certification process. The petitioner's credentials, awards, and professional certifications establish, at most, exceptional ability, which is not itself sufficient for the waiver.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
View full reasoning +
Claiming unique skills or special training does not inherently meet the national interest threshold. Labor shortage arguments fall under the jurisdiction of the Department of Labor through the alien employment certification process. The petitioner's credentials, awards, and professional certifications establish, at most, exceptional ability, which is not itself sufficient for the waiver.
Exact record locator: findings_long.parquet filename_stem=2013-08-16_01_B5203; source_row=16905 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
labor certification requires advanced degree or equivalent
Why AAO was not persuaded
AAO agreed that, under the labor certification's stated minimum requirements (including H.8 alternate combination, H.10 alternate occupation experience, and the H.14 degree-equivalency clause), the offered position could be filled by someone with less than an advanced degree or less than a baccalaureate followed by five years of progressive experience.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO agreed that, under the labor certification's stated minimum requirements (including H.8 alternate combination, H.10 alternate occupation experience, and the H.14 degree-equivalency clause), the offered position could be filled by someone with less than an advanced degree or less than a baccalaureate followed by five years of progressive experience.
Exact record locator: findings_long.parquet filename_stem=2013-08-16_02_B5203; source_row=16906 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The ETA Form 9089 requires only a bachelor's degree in science education with no experience, or alternatively 60 months as a science teacher. Because it is possible to qualify with less than a bachelor's degree plus five years progressive experience in the specialty, the position does not require an advanced degree professional as required for EB-2 classification.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The ETA Form 9089 requires only a bachelor's degree in science education with no experience, or alternatively 60 months as a science teacher. Because it is possible to qualify with less than a bachelor's degree plus five years progressive experience in the specialty, the position does not require an advanced degree professional as required for EB-2 classification.
Exact record locator: findings_long.parquet filename_stem=2013-08-16_04_B5203; source_row=16909 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Continuing ability to pay proffered wage from priority date
Why AAO was not persuaded
The petitioner paid below the proffered wage in all years reviewed. While 2011 Form 990 excess revenue of $75,725 was sufficient, no financial evidence covered 2012 or 2013 deficiencies, and the totality-of-circumstances analysis under Sonegawa did not support ability to pay.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The petitioner paid below the proffered wage in all years reviewed. While 2011 Form 990 excess revenue of $75,725 was sufficient, no financial evidence covered 2012 or 2013 deficiencies, and the totality-of-circumstances analysis under Sonegawa did not support ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-08-16_04_B5203; source_row=16908 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's work as a music teacher and special educator was limited in impact to the students and staff at her schools. Letters of support described local activities only, and no documentary evidence showed her work influenced the field of education at a national level. General arguments about the importance of arts integration addressed only the substantial intrinsic merit prong, not national scope.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
View full reasoning +
The petitioner's work as a music teacher and special educator was limited in impact to the students and staff at her schools. Letters of support described local activities only, and no documentary evidence showed her work influenced the field of education at a national level. General arguments about the importance of arts integration addressed only the substantial intrinsic merit prong, not national scope.
Exact record locator: findings_long.parquet filename_stem=2013-08-16_01_B5203; source_row=16904 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceEstablishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · National importance
substantial intrinsic merit
Why the evidence was persuasive
AAO agreed that the petitioner's work as an educator and performing artist is in an area of substantial intrinsic merit, and moved on to assess the remaining prongs.
Why this is useful
Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.
View full reasoning +
AAO agreed that the petitioner's work as an educator and performing artist is in an area of substantial intrinsic merit, and moved on to assess the remaining prongs.
Exact record locator: findings_long.parquet filename_stem=2013-08-16_01_B5203; source_row=16903 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2011 net income was negative (-$39,323) and net current assets were also negative (-$8,889). The owner's certificate of deposit could not be attributed to the corporation as a separate legal entity. The wages paid to workers were well below the proffered wage, and gross receipts alone are insufficient to establish ability to pay.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The petitioner's 2011 net income was negative (-$39,323) and net current assets were also negative (-$8,889). The owner's certificate of deposit could not be attributed to the corporation as a separate legal entity. The wages paid to workers were well below the proffered wage, and gross receipts alone are insufficient to establish ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-08-16_03_B5203; source_row=16907 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EDGE indicates the beneficiary's three-year bachelor's is equivalent to three years of U.S. university study and the Indian master's is comparable only to a U.S. bachelor's degree. The submitted credential evaluations were inconsistent, lacked methodology and source disclosures, and were therefore unreliable.…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
EDGE indicates the beneficiary's three-year bachelor's is equivalent to three years of U.S. university study and the Indian master's is comparable only to a U.S. bachelor's degree. The submitted credential evaluations were inconsistent, lacked methodology and source disclosures, and were therefore unreliable. Supplemental sources did not establish that EDGE should be disregarded, and the beneficiary's 1991 degree predated and lacked the features identified by the article as supporting equivalency.
Exact record locator: findings_long.parquet filename_stem=2013-08-15_02_B5203; source_row=16897 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c