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.
equivalence of prevailing wage determination and ETA Form 9089 minimum requirements
Why the evidence was persuasive
AAO concluded that a bachelor's degree plus five years of progressive experience is, by regulation, the equivalent of a master's degree, so the two sets of stated requirements match.
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AAO concluded that a bachelor's degree plus five years of progressive experience is, by regulation, the equivalent of a master's degree, so the two sets of stated requirements match.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_03_B5203; source_row=16295 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed with counsel that the director should have considered the totality of circumstances under Sonegawa. However, upon conducting that analysis, AAO found the petitioner still failed to establish ability to pay: only one tax return was in the record preventing historical comparisons, conflicting employee and wage information undermined the evidence's reliability, and the petitioner did not identify uncharacteristic lo…
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AAO agreed with counsel that the director should have considered the totality of circumstances under Sonegawa. However, upon conducting that analysis, AAO found the petitioner still failed to establish ability to pay: only one tax return was in the record preventing historical comparisons, conflicting employee and wage information undermined the evidence's reliability, and the petitioner did not identify uncharacteristic losses or establish an outstanding industry reputation.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_01_B5203; source_row=16293 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Shareholder personal income (S corporation argument)
Why AAO was not persuaded
USCIS generally cannot consider the assets of shareholders because a corporation is a separate and distinct legal entity from its owners. S corporation shareholders, absent express personal guarantees, are not responsible for the corporation's debts and liabilities. The director's disregard of shareholder income was not arbitrary and capricious.
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USCIS generally cannot consider the assets of shareholders because a corporation is a separate and distinct legal entity from its owners. S corporation shareholders, absent express personal guarantees, are not responsible for the corporation's debts and liabilities. The director's disregard of shareholder income was not arbitrary and capricious.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_01_B5203; source_row=16292 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the beneficiary was paid only $22,620 in 2011 against a proffered wage of $195,499, leaving a $172,879 shortfall. AAO acknowledged the wages reflected only the H-1B period through March 2011, but noted the petitioner still had to demonstrate ability to pay the difference via other means.
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AAO agreed the beneficiary was paid only $22,620 in 2011 against a proffered wage of $195,499, leaving a $172,879 shortfall. AAO acknowledged the wages reflected only the H-1B period through March 2011, but noted the petitioner still had to demonstrate ability to pay the difference via other means.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_01_B5203; source_row=16289 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2011 net income was $(43,778), a negative figure that could not satisfy the $172,879 difference between wages paid and the proffered wage.
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The petitioner's 2011 net income was $(43,778), a negative figure that could not satisfy the $172,879 difference between wages paid and the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_01_B5203; source_row=16290 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
sixty months of experience from date of foreign equivalent degree to priority date
Why AAO was not persuaded
The beneficiary's foreign equivalent degree was conferred on April 11, 2004, and the priority date was March 27, 2009, yielding only fifty-nine months and sixteen days of qualifying experience—just short of the sixty-month requirement on ETA Form 9089. USCIS must read the labor certification's plain language exactly as completed and cannot overlook this shortfall.
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The beneficiary's foreign equivalent degree was conferred on April 11, 2004, and the priority date was March 27, 2009, yielding only fifty-nine months and sixteen days of qualifying experience—just short of the sixty-month requirement on ETA Form 9089. USCIS must read the labor certification's plain language exactly as completed and cannot overlook this shortfall.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_02_B5203; source_row=16294 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why AAO was not persuaded
AAO concurred with the director, rejecting counsel's argument that 'major' should not factor in, and found no national or international recognition for the claimed prizes.
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AAO concurred with the director, rejecting counsel's argument that 'major' should not factor in, and found no national or international recognition for the claimed prizes.
Exact record locator: findings_long.parquet filename_stem=2013-05-01_01_B2203; source_row=16282 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the invitation alone does not establish actual participation, and counsel's broad allegation of misinterpretation lacked substantive argument.
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AAO agreed the invitation alone does not establish actual participation, and counsel's broad allegation of misinterpretation lacked substantive argument.
Exact record locator: findings_long.parquet filename_stem=2013-05-01_01_B2203; source_row=16285 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c