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EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
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Issue evaluated
EB-1A · Final merits
final merits determination
Why AAO was not persuaded
The petitioner did not challenge the AAO's prior final merits findings or provide new evidence demonstrating top-of-field status or sustained national or international acclaim.
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The petitioner did not challenge the AAO's prior final merits findings or provide new evidence demonstrating top-of-field status or sustained national or international acclaim.
Exact record locator: findings_long.parquet filename_stem=2013-06-04_01_B2203; source_row=16520 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's only tax return was for 2010, predating the priority date. The W-2 submitted was from a different employer entity with a different EIN. The petitioner did not establish it was part of the same consolidated corporate group as the related company.…
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The petitioner's only tax return was for 2010, predating the priority date. The W-2 submitted was from a different employer entity with a different EIN. The petitioner did not establish it was part of the same consolidated corporate group as the related company. Unaudited financial statements submitted on appeal do not satisfy the regulatory requirement for audited financial statements, and in any event those statements showed a net loss.
Exact record locator: findings_long.parquet filename_stem=2013-06-04_04_B5203; source_row=16528 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets minimum education stated on ETA Form 9089
What the decision said
AAO does not reach the merits of whether the beneficiary meets the ETA Form 9089 requirements; it withdraws the revocation for procedural reasons and remands.
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AAO does not reach the merits of whether the beneficiary meets the ETA Form 9089 requirements; it withdraws the revocation for procedural reasons and remands.
Exact record locator: findings_long.parquet filename_stem=2013-06-04_01_B5203; source_row=16521 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or foreign equivalent under 8 C.F.R. § 204.5(k)(2)
What the decision said
AAO flags the advanced-degree qualification as an unresolved issue and remands for the director to evaluate it in the first instance and, if adverse, issue a new NOIR.
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AAO flags the advanced-degree qualification as an unresolved issue and remands for the director to evaluate it in the first instance and, if adverse, issue a new NOIR.
Exact record locator: findings_long.parquet filename_stem=2013-06-04_01_B5203; source_row=16522 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner failed to submit federal income tax returns for 2011 or 2012. On appeal, it claimed extensions were filed but provided no copies, and the AAO received no tax returns as of the decision date.
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The petitioner failed to submit federal income tax returns for 2011 or 2012. On appeal, it claimed extensions were filed but provided no copies, and the AAO received no tax returns as of the decision date.
Exact record locator: findings_long.parquet filename_stem=2013-06-04_03_B5203; source_row=16525 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Totality of business circumstances (Sonegawa factors)
Why AAO was not persuaded
The record lacked any evidence of established business growth, industry reputation, uncharacteristic losses, or whether the beneficiary was replacing a prior employee or outsourced service. The petitioner also had multiple co-sponsored I-140 beneficiaries, further undermining ability to pay.
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The record lacked any evidence of established business growth, industry reputation, uncharacteristic losses, or whether the beneficiary was replacing a prior employee or outsourced service. The petitioner also had multiple co-sponsored I-140 beneficiaries, further undermining ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-06-04_03_B5203; source_row=16527 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Wages paid to beneficiary equal to or exceeding proffered wage
Why AAO was not persuaded
The petitioner did not establish that it paid the beneficiary the full proffered wage during any relevant timeframe including from the 2011 priority date.
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The petitioner did not establish that it paid the beneficiary the full proffered wage during any relevant timeframe including from the 2011 priority date.
Exact record locator: findings_long.parquet filename_stem=2013-06-04_03_B5203; source_row=16524 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Evidence submitted in support of this criterion consisted of foreign-language documents without proper translation and letters that did not constitute new evidence.
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Evidence submitted in support of this criterion consisted of foreign-language documents without proper translation and letters that did not constitute new evidence.
Exact record locator: findings_long.parquet filename_stem=2013-06-04_01_B2203; source_row=16518 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c