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.
five years of progressive post-baccalaureate experience
Why AAO was not persuaded
The beneficiary's first bachelor's-equivalent title was awarded February 2003, only three years and four months before the priority date, so he cannot meet the five-year post-baccalaureate experience requirement, and a change of preference category is an impermissible material change under Matter of Izummi.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The beneficiary's first bachelor's-equivalent title was awarded February 2003, only three years and four months before the priority date, so he cannot meet the five-year post-baccalaureate experience requirement, and a change of preference category is an impermissible material change under Matter of Izummi.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_04_B5203; source_row=16207 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's Iowa certificate of authority was revoked in 2008 and no certificate of good standing was provided. The beneficiary's W-2s, tax returns, and biographic information demonstrate he was never employed by the petitioner in Iowa. The sole submitted contract specifies services in Chicago, not Iowa. Counsel's assertion that Iowa employment remains possible is speculative and unsupported by evidence.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The petitioner's Iowa certificate of authority was revoked in 2008 and no certificate of good standing was provided. The beneficiary's W-2s, tax returns, and biographic information demonstrate he was never employed by the petitioner in Iowa. The sole submitted contract specifies services in Chicago, not Iowa. Counsel's assertion that Iowa employment remains possible is speculative and unsupported by evidence.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_05_B5203; source_row=16211 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
For 2004, 2005, and 2006, the beneficiary was paid less than the proffered wage ($85,000/year). The petitioner's net income for those years ($84,702; $14,904; $25,392) and net current assets ($168,543; $166,711; $189,629) were considered, but the petitioner's failure to provide accounting for 661 sponsored petitions made it impossible to calculate the true financial burden and establish ability to pay all sponsored benefici…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
For 2004, 2005, and 2006, the beneficiary was paid less than the proffered wage ($85,000/year). The petitioner's net income for those years ($84,702; $14,904; $25,392) and net current assets ($168,543; $166,711; $189,629) were considered, but the petitioner's failure to provide accounting for 661 sponsored petitions made it impossible to calculate the true financial burden and establish ability to pay all sponsored beneficiaries simultaneously. Proration of the proffered wage for 2004 was denied absent monthly supporting documentation.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_05_B5203; source_row=16212 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets labor certification educational requirements for advanced degree professional
Why AAO was not persuaded
The beneficiary's three-year bachelor's degree is not a foreign equivalent to a U.S. baccalaureate under Matter of Shah. AACRAO EDGE guidance confirms it equates to only three years of U.S. undergraduate study. The Higher Diploma from a non-accredited institution cannot supply the missing fourth year of baccalaureate-level education.…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The beneficiary's three-year bachelor's degree is not a foreign equivalent to a U.S. baccalaureate under Matter of Shah. AACRAO EDGE guidance confirms it equates to only three years of U.S. undergraduate study. The Higher Diploma from a non-accredited institution cannot supply the missing fourth year of baccalaureate-level education. Where credentials rely on combining multiple lesser degrees or coursework from non-accredited institutions, the result is only the 'equivalent' of a bachelor's—not a 'foreign equivalent degree.'
Exact record locator: findings_long.parquet filename_stem=2013-04-16_05_B5203; source_row=16210 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum experience requirements of labor certification
Why AAO was not persuaded
The employment letters submitted failed to demonstrate the specific special skills required by the labor certification (ASE 15, PL/SQL, ASE to Oracle migration, Data Warehousing, multithreading Unix scripting). Counsel's unsupported assertions on appeal did not constitute evidence and no new documentary evidence was submitted to resolve the deficiency.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The employment letters submitted failed to demonstrate the specific special skills required by the labor certification (ASE 15, PL/SQL, ASE to Oracle migration, Data Warehousing, multithreading Unix scripting). Counsel's unsupported assertions on appeal did not constitute evidence and no new documentary evidence was submitted to resolve the deficiency.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_01_B5203; source_row=16203 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
bachelor's degree in business administration in accounting (or foreign equivalent)
Why the evidence was persuasive
AAO found the inconsistencies cited by the Director were minor and adequately explained, the credentials appear genuine, and EEI and Morningside evaluations are confirmed by EDGE, which the Director overlooked.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO found the inconsistencies cited by the Director were minor and adequately explained, the credentials appear genuine, and EEI and Morningside evaluations are confirmed by EDGE, which the Director overlooked.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_04_B5203; source_row=16205 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
continuing ability to pay proffered wage from priority date
Why AAO was not persuaded
The petitioner's net income for every year 2006-2011 was below the $66,664 proffered wage, the beneficiary received no wages from the petitioner, and no Sonegawa-type extraordinary circumstances were shown.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The petitioner's net income for every year 2006-2011 was below the $66,664 proffered wage, the beneficiary received no wages from the petitioner, and no Sonegawa-type extraordinary circumstances were shown.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_04_B5203; source_row=16208 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
willful misrepresentation of material fact / fraud
Why AAO was not persuaded
The discrepancies are real but do not rise to the level of fraud or willful misrepresentation of material fact and are not material to adjudication; the labor certification invalidation is therefore withdrawn.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The discrepancies are real but do not rise to the level of fraud or willful misrepresentation of material fact and are not material to adjudication; the labor certification invalidation is therefore withdrawn.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_04_B5203; source_row=16209 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Neither the CPA's letter nor the owner's statement satisfies 8 C.F.R. § 204.5(g)(1); the record is unclear when the beneficiary was promoted to Administrative Director (the only role with qualifying duties); and extensive U.S. travel on L-2 and B-2 visas undermines claimed full-time employment in Ecuador.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
Neither the CPA's letter nor the owner's statement satisfies 8 C.F.R. § 204.5(g)(1); the record is unclear when the beneficiary was promoted to Administrative Director (the only role with qualifying duties); and extensive U.S. travel on L-2 and B-2 visas undermines claimed full-time employment in Ecuador.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_04_B5203; source_row=16206 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Schedule F figures could not be attributed to the petitioner because of the EIN mismatch, no audited financial statements were submitted to show net current assets, and the Sonegawa overall-circumstances analysis did not support approval given the persistent losses.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO found the Schedule F figures could not be attributed to the petitioner because of the EIN mismatch, no audited financial statements were submitted to show net current assets, and the Sonegawa overall-circumstances analysis did not support approval given the persistent losses.
Exact record locator: findings_long.parquet filename_stem=2013-04-16_03_B5203; source_row=16204 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c