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 21221–21230
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 with the director that the petitioner's occupation as a special education teacher has substantial intrinsic merit.
Why this is useful
Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.
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AAO agreed with the director that the petitioner's occupation as a special education teacher has substantial intrinsic merit.
Exact record locator: findings_long.parquet filename_stem=2013-07-15_02_B5203; source_row=16751 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
NYSDOT expressly distinguishes between an occupation of national importance and the impact of a single worker; the impact of one schoolteacher in one school is not national in scope. The NCLBA does not amend the NIW statute or create a blanket waiver for teachers.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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NYSDOT expressly distinguishes between an occupation of national importance and the impact of a single worker; the impact of one schoolteacher in one school is not national in scope. The NCLBA does not amend the NIW statute or create a blanket waiver for teachers.
Exact record locator: findings_long.parquet filename_stem=2013-07-15_02_B5203; source_row=16752 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Biomedical / Life Sciences
Issue evaluated
NIW · Waiver on balance
national interest served to substantially greater degree than U.S. worker
Why AAO was not persuaded
The petitioner documented only five citations of his published work between 1996 and 2012, all in Korean-language journals, and submitted no evidence of international citations. His expert letters made unsupported assertions, the claimed award was not shown to be nationally acclaimed, and his credentials as a physician did not establish a track record in biotechnology research.
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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The petitioner documented only five citations of his published work between 1996 and 2012, all in Korean-language journals, and submitted no evidence of international citations. His expert letters made unsupported assertions, the claimed award was not shown to be nationally acclaimed, and his credentials as a physician did not establish a track record in biotechnology research.
Exact record locator: findings_long.parquet filename_stem=2013-07-15_03_B5203; source_row=16760 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that in 2008, 2009, and 2010, the petitioner's net income, net current assets, and actual wages paid to the beneficiary were all below the proffered wage. The owner's personal assets cannot be imputed to the corporation. Net income and net current assets cannot be combined. Officer compensation was not shown to be discretionary. Projections of future earnings are not a proper basis for approval.…
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO found that in 2008, 2009, and 2010, the petitioner's net income, net current assets, and actual wages paid to the beneficiary were all below the proffered wage. The owner's personal assets cannot be imputed to the corporation. Net income and net current assets cannot be combined. Officer compensation was not shown to be discretionary. Projections of future earnings are not a proper basis for approval. Applying the Sonegawa totality-of-circumstances test, the petitioner still failed because it did not establish historical growth, uncharacteristic losses, or industry reputation.
Exact record locator: findings_long.parquet filename_stem=2013-07-11_01_B5203; source_row=16734 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO raised this ground independently on appeal. The labor certification required five years of experience in marketing and sale of ceramics; ceramics engineering experience was excluded because alternate occupation experience was not acceptable.…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO raised this ground independently on appeal. The labor certification required five years of experience in marketing and sale of ceramics; ceramics engineering experience was excluded because alternate occupation experience was not acceptable. The remaining documented experience as District Manager and Technical Sales Representative totaled only three years and ten months, leaving the beneficiary short of the five-year requirement.
Exact record locator: findings_long.parquet filename_stem=2013-07-11_01_B5203; source_row=16735 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot established
Case facts
Mechanical / Manufacturing Engineering
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
AAO found that peer review service is evidence of the judging criterion (iv) and not presumptive of contributions of major significance; the expert letters lacked specificity about particular contributions and their impact; citation data showed only moderate citations and comparators used were not field-specific or otherwise probative; download rankings do not show utility; and even the petitioner's strongest area (WLSP) re…
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found that peer review service is evidence of the judging criterion (iv) and not presumptive of contributions of major significance; the expert letters lacked specificity about particular contributions and their impact; citation data showed only moderate citations and comparators used were not field-specific or otherwise probative; download rankings do not show utility; and even the petitioner's strongest area (WLSP) represented at most one contribution rather than the plural required by the regulation.
Exact record locator: findings_long.parquet filename_stem=2013-07-10_02_B2203; source_row=16731 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree qualification under 8 C.F.R. § 204.5(k)(2)
Why AAO was not persuaded
AAO agrees the beneficiary does not qualify, but rests its analysis on the meaning of 'United States academic or professional degree' under 8 C.F.R. § 204.5(k)(2), holding that a degree from an unaccredited institution lacks the nationwide recognition the regulation contemplates.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO agrees the beneficiary does not qualify, but rests its analysis on the meaning of 'United States academic or professional degree' under 8 C.F.R. § 204.5(k)(2), holding that a degree from an unaccredited institution lacks the nationwide recognition the regulation contemplates.
Exact record locator: findings_long.parquet filename_stem=2013-07-10_01_B5203; source_row=16728 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The record contains evidence that the petitioner authored scholarly articles published in professional publications including multiple journal articles from 2011 and 2012.
Why this is useful
See how AAO evaluated whether the work qualified as scholarly authorship and what it showed in the full record.
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The record contains evidence that the petitioner authored scholarly articles published in professional publications including multiple journal articles from 2011 and 2012.
Exact record locator: findings_long.parquet filename_stem=2013-07-10_02_B2203; source_row=16732 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The record contains evidence that the petitioner reviewed peer-reviewed manuscripts for several publications including the Journal of Applied Physics, Materials Science & Engineering A, Applied Surface Science, and Surface and Coatings Technology.
Why this is useful
See how invitations, completed assignments, and the nature of judging were documented and weighed.
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The record contains evidence that the petitioner reviewed peer-reviewed manuscripts for several publications including the Journal of Applied Physics, Materials Science & Engineering A, Applied Surface Science, and Surface and Coatings Technology.
Exact record locator: findings_long.parquet filename_stem=2013-07-10_02_B2203; source_row=16730 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c