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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.
AAO agrees the petitioner failed to establish a bona fide job offer; the petitioner did not respond to AAO's NOID/NDI and the record (including a guilty plea) shows the Iowa office was a virtual office unable to support a software engineer position.
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AAO agrees the petitioner failed to establish a bona fide job offer; the petitioner did not respond to AAO's NOID/NDI and the record (including a guilty plea) shows the Iowa office was a virtual office unable to support a software engineer position.
Exact record locator: findings_long.parquet filename_stem=2013-06-17_01_B5203; source_row=16603 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot established
Case facts
Environment / Energy
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
The AAO found that the petitioner's citation counts were moderate and not reflective of major significance; post-filing citation evidence could not be considered; recommendation letters made general assertions without specific examples of impact; and conference presentations and download statistics did not establish that the work had been widely applied or highly influential in the field.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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The AAO found that the petitioner's citation counts were moderate and not reflective of major significance; post-filing citation evidence could not be considered; recommendation letters made general assertions without specific examples of impact; and conference presentations and download statistics did not establish that the work had been widely applied or highly influential in the field.
Exact record locator: findings_long.parquet filename_stem=2013-06-14_01_B2203; source_row=16598 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Continuing ability to pay the proffered wage from the priority date
Why AAO was not persuaded
AAO confirmed the petitioner's inability to pay in 2008 and 2009 through wages paid, net income (negative both years), and net current assets (both years insufficient to cover the deficiency). The amended tax returns were rejected for lack of IRS certification and because the Schedule L changes appeared to be impermissible material post-hoc alterations.…
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AAO confirmed the petitioner's inability to pay in 2008 and 2009 through wages paid, net income (negative both years), and net current assets (both years insufficient to cover the deficiency). The amended tax returns were rejected for lack of IRS certification and because the Schedule L changes appeared to be impermissible material post-hoc alterations. The Sonegawa totality-of-circumstances analysis did not rescue the petitioner because no uncharacteristic business losses were demonstrated.
Exact record locator: findings_long.parquet filename_stem=2013-06-14_02_B5203; source_row=16602 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWprocedural or otherNot establishedAutomated extraction · broader context
Case facts
OtherMaster’s
Issue evaluated
procedural or other
response to Notice of Intent to Dismiss
Why AAO was not persuaded
Petitioner did not respond to the AAO's NOID requesting evidence of the accreditation of the institution that issued the beneficiary's master's degree, warranting summary dismissal as abandoned.
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Petitioner did not respond to the AAO's NOID requesting evidence of the accreditation of the institution that issued the beneficiary's master's degree, warranting summary dismissal as abandoned.
Exact record locator: findings_long.parquet filename_stem=2013-06-14_01_B5203; source_row=16601 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses foreign equivalent of U.S. bachelor's degree in computer science
Why AAO was not persuaded
EDGE, a reliable peer-reviewed source, establishes that the beneficiary's three-year Bachelor of Commerce equals three years of U.S. university study; the Master of Commerce equals a U.S. bachelor's in business, not computer science; and the master's diploma in software engineering was not shown to be from an AICTE/DOEACC-accredited institution that qualifies as a college or university.…
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EDGE, a reliable peer-reviewed source, establishes that the beneficiary's three-year Bachelor of Commerce equals three years of U.S. university study; the Master of Commerce equals a U.S. bachelor's in business, not computer science; and the master's diploma in software engineering was not shown to be from an AICTE/DOEACC-accredited institution that qualifies as a college or university. Submitted evaluations were inconsistent and not supported by objective documentary evidence.
Exact record locator: findings_long.parquet filename_stem=2013-06-13_01_B5203; source_row=16593 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Commerce/business administration is a related field to computer science under the labor certification
Why AAO was not persuaded
The AAO was not persuaded that business administration is a field of study related to computer science. The beneficiary's commerce transcripts contained no computer science coursework, and the petitioner failed to demonstrate the relationship between computer science and business coursework at the university level.
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The AAO was not persuaded that business administration is a field of study related to computer science. The beneficiary's commerce transcripts contained no computer science coursework, and the petitioner failed to demonstrate the relationship between computer science and business coursework at the university level.
Exact record locator: findings_long.parquet filename_stem=2013-06-13_01_B5203; source_row=16594 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
continuing ability to pay proffered wage from priority date onward
Why AAO was not persuaded
AAO found that in 2008 and 2009 net income was insufficient, and in 2009 net current assets were also insufficient. The petitioner also failed to account for multiple simultaneously pending I-140 petitions for other beneficiaries. Bank statements were not permissible evidence under the regulation, and the subcontractor-replacement theory was unsupported. The totality of circumstances did not establish ability to pay.
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AAO found that in 2008 and 2009 net income was insufficient, and in 2009 net current assets were also insufficient. The petitioner also failed to account for multiple simultaneously pending I-140 petitions for other beneficiaries. Bank statements were not permissible evidence under the regulation, and the subcontractor-replacement theory was unsupported. The totality of circumstances did not establish ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-06-13_02_B5203; source_row=16596 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets minimum education requirement on labor certification
Why AAO was not persuaded
AAO found the translations of the Polish documents contained inconsistencies that undermined their reliability, and that AACRAO's EDGE database — given significant weight — indicated the 'dyplom tytul magister' is equivalent only to a U.S. bachelor's degree, not a master's degree.…
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AAO found the translations of the Polish documents contained inconsistencies that undermined their reliability, and that AACRAO's EDGE database — given significant weight — indicated the 'dyplom tytul magister' is equivalent only to a U.S. bachelor's degree, not a master's degree. The petitioner's credential evaluations were discounted because the evaluator may have relied on the inaccurate abridged translations, and EDGE's conclusions were supported by federal court precedent. Without a master's degree or a bachelor's plus five years of progressive experience (which the labor cert did not allow as an alternative), the beneficiary failed to qualify.
Exact record locator: findings_long.parquet filename_stem=2013-06-13_02_B5203; source_row=16595 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
national interest substantially greater than available U.S. worker
Why AAO was not persuaded
AAO found that the petitioner's approved labor certification demonstrated that the labor certification process could and did address the demand for credentialed special education teachers. The key NYSDOT requirement is a record of influence on the field as a whole, and the petitioner's evidence did not establish this. The NCLBA did not create or imply any blanket waiver for teachers.
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See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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AAO found that the petitioner's approved labor certification demonstrated that the labor certification process could and did address the demand for credentialed special education teachers. The key NYSDOT requirement is a record of influence on the field as a whole, and the petitioner's evidence did not establish this. The NCLBA did not create or imply any blanket waiver for teachers.
Exact record locator: findings_long.parquet filename_stem=2013-06-11_06_B5203; source_row=16592 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c