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10,847 decisions /36,849 findings
Showing 21131–21140
NIWNIW · EB-2 baselineNot established
Case facts
Computer Science / AI
Issue evaluated
NIW · EB-2 baseline
Advanced degree (single foreign equivalent baccalaureate plus 5 years progressive experience)
Why AAO was not persuaded
AAO agreed with the director: the Institution is not a college or university capable of conferring a degree, so the beneficiary's associate membership produces only the 'equivalent' of a bachelor's, not a 'foreign equivalent degree.'
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AAO agreed with the director: the Institution is not a college or university capable of conferring a degree, so the beneficiary's associate membership produces only the 'equivalent' of a bachelor's, not a 'foreign equivalent degree.'
Exact record locator: findings_long.parquet filename_stem=2013-07-31_02_B5203; source_row=16845 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner submitted eight scholarly articles to USCIS that contained false information, specifically substituting his name in place of the original authors. Submission of documents containing false information in support of a visa petition constitutes a false representation to a government official.
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The petitioner submitted eight scholarly articles to USCIS that contained false information, specifically substituting his name in place of the original authors. Submission of documents containing false information in support of a visa petition constitutes a false representation to a government official.
Exact record locator: findings_long.parquet filename_stem=2013-07-31_01_B2203; source_row=16838 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The misrepresented authorship of scholarly articles was directly material to 8 C.F.R. § 204.5(h)(3)(vi), the published material criterion, and cut off a line of inquiry relevant to the petitioner's eligibility that might well have resulted in denial of the petition.
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The misrepresented authorship of scholarly articles was directly material to 8 C.F.R. § 204.5(h)(3)(vi), the published material criterion, and cut off a line of inquiry relevant to the petitioner's eligibility that might well have resulted in denial of the petition.
Exact record locator: findings_long.parquet filename_stem=2013-07-31_01_B2203; source_row=16840 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's withdrawal of the petition without acknowledging the misrepresentation does not constitute a timely and voluntary retraction. Even had the petitioner retracted, it would not have been effective because it occurred only after the imminent disclosure of the misrepresentation.
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The petitioner's withdrawal of the petition without acknowledging the misrepresentation does not constitute a timely and voluntary retraction. Even had the petitioner retracted, it would not have been effective because it occurred only after the imminent disclosure of the misrepresentation.
Exact record locator: findings_long.parquet filename_stem=2013-07-31_01_B2203; source_row=16841 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner electronically and physically signed the visa petition under penalty of perjury certifying the evidence was true and correct. The petitioner did not claim the articles were submitted accidentally or inadvertently, and responded to the notice of derogatory information only by withdrawing the petition without substantively addressing the findings.
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The petitioner electronically and physically signed the visa petition under penalty of perjury certifying the evidence was true and correct. The petitioner did not claim the articles were submitted accidentally or inadvertently, and responded to the notice of derogatory information only by withdrawing the petition without substantively addressing the findings.
Exact record locator: findings_long.parquet filename_stem=2013-07-31_01_B2203; source_row=16839 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay the proffered wage from priority date forward
Why AAO was not persuaded
AAO found the petitioner did not submit the annual reports, tax returns, or audited financial statements required by 8 C.F.R. § 204.5(g)(2), and that the CFO letter cannot substitute for that required evidence; the petitioner also failed to address obligations to its many other I-140 beneficiaries.
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AAO found the petitioner did not submit the annual reports, tax returns, or audited financial statements required by 8 C.F.R. § 204.5(g)(2), and that the CFO letter cannot substitute for that required evidence; the petitioner also failed to address obligations to its many other I-140 beneficiaries.
Exact record locator: findings_long.parquet filename_stem=2013-07-31_02_B5203; source_row=16846 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's chart was internally inconsistent and contradicted prior submissions, leaving the number of I-140 beneficiaries and their proffered wages unreliably established. Even accepting the chart at face value, the aggregate shortfall of $352,118.30 between proffered wages and actual wages paid to 16 beneficiaries exceeded both the petitioner's net income ($180,405) and net current assets ($227,371) for 2011.…
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The petitioner's chart was internally inconsistent and contradicted prior submissions, leaving the number of I-140 beneficiaries and their proffered wages unreliably established. Even accepting the chart at face value, the aggregate shortfall of $352,118.30 between proffered wages and actual wages paid to 16 beneficiaries exceeded both the petitioner's net income ($180,405) and net current assets ($227,371) for 2011. The higher wages paid to certain beneficiaries cannot offset the shortfall, and the $1,271,482.18 figure reflected equity, not net current assets.
Exact record locator: findings_long.parquet filename_stem=2013-07-31_01_B5203; source_row=16842 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Totality of circumstances under Matter of Sonegawa
Why AAO was not persuaded
Applying the Sonegawa totality-of-circumstances analysis, AAO found the record did not show a history of strong financial growth, industry leadership, or unique client services that would support a finding of ability to pay, distinguishing the case from the facts in Sonegawa.
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Applying the Sonegawa totality-of-circumstances analysis, AAO found the record did not show a history of strong financial growth, industry leadership, or unique client services that would support a finding of ability to pay, distinguishing the case from the facts in Sonegawa.
Exact record locator: findings_long.parquet filename_stem=2013-07-31_01_B5203; source_row=16844 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner failed to provide its 2012 federal tax return despite a specific AAO request, and did not explain the failure. No annual report or audited financial statement was submitted either. Payroll records alone cannot establish ability to pay because reliance on wage expenses is misplaced under the applicable standard.
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The petitioner failed to provide its 2012 federal tax return despite a specific AAO request, and did not explain the failure. No annual report or audited financial statement was submitted either. Payroll records alone cannot establish ability to pay because reliance on wage expenses is misplaced under the applicable standard.
Exact record locator: findings_long.parquet filename_stem=2013-07-31_01_B5203; source_row=16843 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c