Source-backed decision research

Explore how AAO evaluates evidence.

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.

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10,847 decisions / 36,849 findings

Showing 21851–21860

NIWotherNot establishedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

other

Continuing ability to pay the proffered wage

Why AAO was not persuaded

The AAO found that, while net income and net current assets in later years exceeded the proffered wage for this single beneficiary, the petitioner's over one thousand pending immigrant and non-immigrant petitions required evaluation of combined wage obligations.…

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The AAO found that, while net income and net current assets in later years exceeded the proffered wage for this single beneficiary, the petitioner's over one thousand pending immigrant and non-immigrant petitions required evaluation of combined wage obligations. Even limiting analysis to the 12 petitions identified as active and approved in 2008, the $565,082 shortfall between proffered wages and actual wages paid far exceeded the petitioner's $211,398 net income with negative net current assets in 2008. The CFO letter, bank statements, and gross receipts were rejected as insufficient evidence of ability to pay under the applicable regulatory framework.
Exact record locator: findings_long.parquet filename_stem=2013-03-13_06_B5203; source_row=16028
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Beneficiary possesses qualifications required by labor certification (advanced degree or equivalent)

Why AAO was not persuaded

The AAO determined that the beneficiary's diploma from an Instituto Superior Tecnologico does not constitute a foreign equivalent of a U.S. bachelor's degree, as AACRAO EDGE indicates such credentials are comparable only to 3–4 years of university study. The private credentials evaluation was given less weight as it was inconsistent with EDGE data.…

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The AAO determined that the beneficiary's diploma from an Instituto Superior Tecnologico does not constitute a foreign equivalent of a U.S. bachelor's degree, as AACRAO EDGE indicates such credentials are comparable only to 3–4 years of university study. The private credentials evaluation was given less weight as it was inconsistent with EDGE data. Without a qualifying degree, the beneficiary cannot satisfy the labor certification's minimum education requirement.
Exact record locator: findings_long.parquet filename_stem=2013-03-13_05_B5203; source_row=16027
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherEstablishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Ability to pay proffered wage

Why the evidence was persuasive

Applying the totality-of-circumstances approach from Sonegawa, the AAO found the petitioner's nearly 40-year business history, 70+ employees, and gross receipts of $13–$43 million demonstrated sufficient financial resources to pay the proffered wage.

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Applying the totality-of-circumstances approach from Sonegawa, the AAO found the petitioner's nearly 40-year business history, 70+ employees, and gross receipts of $13–$43 million demonstrated sufficient financial resources to pay the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2013-03-13_05_B5203; source_row=16026
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Continuing ability to pay the proffered wage

Why AAO was not persuaded

Net income was negative in 2008 and 2009 and only $16,121 in 2010, all insufficient against the $50,274 proffered wage. Net current assets were also insufficient. Bank statements are not among the enumerated forms of evidence and do not show sustainable ability to pay. Unaudited financial statements lack reliability. Gross receipts cannot substitute for net income.…

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Net income was negative in 2008 and 2009 and only $16,121 in 2010, all insufficient against the $50,274 proffered wage. Net current assets were also insufficient. Bank statements are not among the enumerated forms of evidence and do not show sustainable ability to pay. Unaudited financial statements lack reliability. Gross receipts cannot substitute for net income. The petitioner closed in December 2010 and provided no 2011 tax return.
Exact record locator: findings_long.parquet filename_stem=2013-03-13_02_B5203; source_row=16023
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Beneficiary qualifications per labor certification as of priority date

Why AAO was not persuaded

The employment letter failed to describe specific job duties and did not confirm the beneficiary was employed as a market research analyst, as required by the labor certification. Therefore the beneficiary's qualifications as of the priority date were not established.

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The employment letter failed to describe specific job duties and did not confirm the beneficiary was employed as a market research analyst, as required by the labor certification. Therefore the beneficiary's qualifications as of the priority date were not established.
Exact record locator: findings_long.parquet filename_stem=2013-03-13_02_B5203; source_row=16024
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

other

Ability to pay proffered wage (multi-petition context)

Why AAO was not persuaded

AAO found that when accounting for the petitioner's over one thousand simultaneously pending immigrant and non-immigrant petitions, its net income of $211,398 in 2008 and negative net current assets were insufficient to cover the combined shortfall of $565,082 for just 12 active petitions.…

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AAO found that when accounting for the petitioner's over one thousand simultaneously pending immigrant and non-immigrant petitions, its net income of $211,398 in 2008 and negative net current assets were insufficient to cover the combined shortfall of $565,082 for just 12 active petitions. The petitioner's reliance on gross receipts was misplaced, the CFO letter was not persuasive given the volume of petitions and inconsistency in employee count, bank statements were not among the prescribed evidence types and could not demonstrate sustainable ability to pay, and the Yates Memorandum did not override the plain language of the regulation requiring continuing ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-03-13_01_B5203; source_row=16022
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · EB-2 baselineNot established

Case facts

Medicine / Clinical

Issue evaluated

NIW · EB-2 baseline

job requires advanced degree professional or alien of exceptional ability

Why AAO was not persuaded

AAO agreed that the labor certification's minimum requirement of a bachelor's degree controls the classification analysis and falls below the threshold for advanced-degree-professional classification, and that no RFE was required where the evidence on its face showed ineligibility.

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AAO agreed that the labor certification's minimum requirement of a bachelor's degree controls the classification analysis and falls below the threshold for advanced-degree-professional classification, and that no RFE was required where the evidence on its face showed ineligibility.
Exact record locator: findings_long.parquet filename_stem=2013-03-12_01_B5203; source_row=16020
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · EB-2 baselineEstablishedAutomated extraction · broader context

Case facts

Finance

Issue evaluated

NIW · EB-2 baseline

beneficiary qualifications per labor certification (advanced degree / five years experience)

Why the evidence was persuasive

The AAO determined that the beneficiary had a foreign equivalent degree to a U.S. bachelor's degree in accounting and five years of qualifying progressive work experience prior to the priority date, satisfying ETA Form 9089 Parts H.4 and H.10 read in combination.

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The AAO determined that the beneficiary had a foreign equivalent degree to a U.S. bachelor's degree in accounting and five years of qualifying progressive work experience prior to the priority date, satisfying ETA Form 9089 Parts H.4 and H.10 read in combination.
Exact record locator: findings_long.parquet filename_stem=2013-03-12_02_B5203; source_row=16021
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · EB-2 baselineNot establishedAutomated extraction · broader context

Case facts

OtherBachelor’s

Issue evaluated

NIW · EB-2 baseline

advanced degree qualification

Why AAO was not persuaded

The AAO determined that accreditation by a regional accrediting agency recognized by both the DoEd and CHEA is implicitly required by 8 C.F.R. § 204.5(k)(2) to ensure nationwide recognition of degrees. The institution did not appear on the WASC list of accredited or candidate institutions. BPPE approval is a lower-level endorsement that does not equate to accreditation.…

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The AAO determined that accreditation by a regional accrediting agency recognized by both the DoEd and CHEA is implicitly required by 8 C.F.R. § 204.5(k)(2) to ensure nationwide recognition of degrees. The institution did not appear on the WASC list of accredited or candidate institutions. BPPE approval is a lower-level endorsement that does not equate to accreditation. The beneficiary's bachelor's degree also cannot substitute because she lacked five years of qualifying post-baccalaureate experience as of the priority date.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_06_B5203; source_row=16016
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Waiver on balanceNot established

Case facts

Social Sciences

Issue evaluated

NIW · Waiver on balance

serves national interest to substantially greater degree than available U.S. worker

Why AAO was not persuaded

The petitioner did not demonstrate that a waiver of labor certification would be in the national interest; NYSDOT remains binding, NCLBA did not amend section 203(b)(2), and the petitioner's personal circumstances (employer debarment, visa backlog) are not sufficient cause for a national interest waiver.

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The petitioner did not demonstrate that a waiver of labor certification would be in the national interest; NYSDOT remains binding, NCLBA did not amend section 203(b)(2), and the petitioner's personal circumstances (employer debarment, visa backlog) are not sufficient cause for a national interest waiver.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_04_B5203; source_row=16012
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
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