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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.
Five years of progressive post-baccalaureate experience as required by labor certification
Why AAO was not persuaded
Pre-degree experience is ineligible; the lecturer letter lacked job duty descriptions; co-worker affidavits were not from supervisors and did not comply with the regulation; the senior software engineer letter omitted key details on duration and duties; and the Indian company letter lacked the writer's name and signature and the company was not shown to be separate from the petitioner.
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Pre-degree experience is ineligible; the lecturer letter lacked job duty descriptions; co-worker affidavits were not from supervisors and did not comply with the regulation; the senior software engineer letter omitted key details on duration and duties; and the Indian company letter lacked the writer's name and signature and the company was not shown to be separate from the petitioner.
Exact record locator: findings_long.parquet filename_stem=2013-06-21_05_B5203; source_row=16662 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that corroborating financial documentation and the controller's letter, permissible under 8 C.F.R. § 204.5(g)(2) for employers with 100 or more workers, sufficiently established the petitioner's ability to pay the proffered wage.
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AAO found that corroborating financial documentation and the controller's letter, permissible under 8 C.F.R. § 204.5(g)(2) for employers with 100 or more workers, sufficiently established the petitioner's ability to pay the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2013-06-21_05_B5203; source_row=16661 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO concluded the petitioner offered no primary documentary evidence to support the publisher's self-promotional claims and failed to meet the plain language requirements.
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The AAO concluded the petitioner offered no primary documentary evidence to support the publisher's self-promotional claims and failed to meet the plain language requirements.
Exact record locator: findings_long.parquet filename_stem=2013-06-21_01_B2203; source_row=16638 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
continuing to work in the area of expertise in the United States
Why the evidence was persuasive
The AAO found the record contained sufficient letters and documents reflecting that the petitioner has continued and will continue to work in his field, satisfying the regulatory requirements.
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The AAO found the record contained sufficient letters and documents reflecting that the petitioner has continued and will continue to work in his field, satisfying the regulatory requirements.
Exact record locator: findings_long.parquet filename_stem=2013-06-21_01_B2203; source_row=16640 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets labor certification requirements as of priority date
Why AAO was not persuaded
AAO raised this ground sua sponte beyond the director's decision. The beneficiary lacked sufficient qualifying post-degree experience: pre-degree work was excluded, the second employer's letter was inconsistent with the labor certification, and the petitioner's own experience could not count as substantially comparable. The remaining experience fell short of 60 months.
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AAO raised this ground sua sponte beyond the director's decision. The beneficiary lacked sufficient qualifying post-degree experience: pre-degree work was excluded, the second employer's letter was inconsistent with the labor certification, and the petitioner's own experience could not count as substantially comparable. The remaining experience fell short of 60 months.
Exact record locator: findings_long.parquet filename_stem=2013-06-21_04_B5203; source_row=16660 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's overall circumstances did not rise to the level recognized in Sonegawa; there were no analogous facts showing business reputation, exceptional circumstances, or uncharacteristic losses that would support a favorable exercise of discretion.
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The petitioner's overall circumstances did not rise to the level recognized in Sonegawa; there were no analogous facts showing business reputation, exceptional circumstances, or uncharacteristic losses that would support a favorable exercise of discretion.
Exact record locator: findings_long.parquet filename_stem=2013-06-21_04_B5203; source_row=16659 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Although net current assets in 2011 exceeded the proffered wage on their face, the petitioner failed to account for simultaneous obligations to multiple I-140 beneficiaries and did not submit information on all sponsored workers, so net current assets do not establish ability to pay in the context of multiple petitions.
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Although net current assets in 2011 exceeded the proffered wage on their face, the petitioner failed to account for simultaneous obligations to multiple I-140 beneficiaries and did not submit information on all sponsored workers, so net current assets do not establish ability to pay in the context of multiple petitions.
Exact record locator: findings_long.parquet filename_stem=2013-06-21_04_B5203; source_row=16657 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary received only $24,059 in 2011 and $25,586 in 2012, far below the $94,411 proffered wage, so wages paid do not establish ability to pay.
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The beneficiary received only $24,059 in 2011 and $25,586 in 2012, far below the $94,411 proffered wage, so wages paid do not establish ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-06-21_04_B5203; source_row=16655 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c