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10,847 decisions /36,849 findings
Showing 21861–21870
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Mathematics / StatisticsMaster’s
Issue evaluated
NIW · Waiver on balance
serves national interest substantially greater than U.S. worker with same minimum qualifications
Why AAO was not persuaded
Certification in multiple subjects does not establish prior impact or influence on the field, nor does exceptional ability (defined as expertise significantly above that ordinarily encountered) serve as a presumptive or automatic basis for the waiver. The petitioner submitted no evidence that her triple certification is rare, and her credentials do not show she will significantly benefit students beyond her own.…
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Certification in multiple subjects does not establish prior impact or influence on the field, nor does exceptional ability (defined as expertise significantly above that ordinarily encountered) serve as a presumptive or automatic basis for the waiver. The petitioner submitted no evidence that her triple certification is rare, and her credentials do not show she will significantly benefit students beyond her own. The inapplicability of labor certification due to employer debarment cannot itself justify a national interest waiver.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_03_B5203; source_row=16009 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or foreign equivalent under 8 C.F.R. § 204.5(k)(2)
Why AAO was not persuaded
AAO held that there is no provision allowing qualification with anything less than a single foreign-equivalent baccalaureate plus five years of progressive experience, and EDGE establishes that the Indian three-year B.S. plus M.S. is comparable only to a U.S. bachelor's degree.
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AAO held that there is no provision allowing qualification with anything less than a single foreign-equivalent baccalaureate plus five years of progressive experience, and EDGE establishes that the Indian three-year B.S. plus M.S. is comparable only to a U.S. bachelor's degree.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_07_B5203; source_row=16017 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO confirmed the petitioner paid sufficient wages only in 2007, 2009–2011; net income was negative for 2003–2006 and net current assets were also negative for those years; the 2008 shortfall was covered by net income. The proffered unaudited financial statements and bank statements were insufficient evidence.…
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AAO confirmed the petitioner paid sufficient wages only in 2007, 2009–2011; net income was negative for 2003–2006 and net current assets were also negative for those years; the 2008 shortfall was covered by net income. The proffered unaudited financial statements and bank statements were insufficient evidence. Sonegawa totality-of-circumstances analysis did not rescue the petitioner due to lack of demonstrated growth or outstanding reputation.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_02_B5203; source_row=16005 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary qualifications per labor certification as of priority date
Why AAO was not persuaded
AAO raised this issue sua sponte on appeal. The employer letters submitted lacked sufficient job duty descriptions, and the beneficiary's part-time employment made it unlikely the required six years of experience were met as of the priority date.
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AAO raised this issue sua sponte on appeal. The employer letters submitted lacked sufficient job duty descriptions, and the beneficiary's part-time employment made it unlikely the required six years of experience were met as of the priority date.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_02_B5203; source_row=16006 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the petitioner's 2011 federal tax return established the continuing ability to pay the proffered wage from the priority date forward.
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The AAO found that the petitioner's 2011 federal tax return established the continuing ability to pay the proffered wage from the priority date forward.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_01_B5203; source_row=16004 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO concluded it was more likely than not that the beneficiary earned a foreign equivalent degree to a U.S. bachelor's degree in mechanical engineering and had at least five years of progressive work experience, satisfying the master's equivalent standard.
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The AAO concluded it was more likely than not that the beneficiary earned a foreign equivalent degree to a U.S. bachelor's degree in mechanical engineering and had at least five years of progressive work experience, satisfying the master's equivalent standard.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_01_B5203; source_row=16002 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Special skills required in Part H.14 of ETA Form 9089 (Revit, Solid Works, AutoCAD)
Why AAO was not persuaded
The AAO found that the record did not establish the beneficiary possessed the required knowledge of Revit, Solid Works, and AutoCAD software listed as special skills on the labor certification, rendering the petition currently unapprovable.
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The AAO found that the record did not establish the beneficiary possessed the required knowledge of Revit, Solid Works, and AutoCAD software listed as special skills on the labor certification, rendering the petition currently unapprovable.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_01_B5203; source_row=16003 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
Counsel conflated the national importance of 'education' as a concept with the impact of one teacher; the undeniable importance of education as a whole does not imply that Congress has indirectly exempted teachers from the job offer requirement.
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Counsel conflated the national importance of 'education' as a concept with the impact of one teacher; the undeniable importance of education as a whole does not imply that Congress has indirectly exempted teachers from the job offer requirement.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_04_B5203; source_row=16011 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · National importance
substantial intrinsic merit
Why AAO was not persuaded
While education broadly has intrinsic merit, the petitioner's work as an individual teacher did not self-evidently set her apart from other competent teachers, and submitted materials only demonstrated she is a successful teacher.
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While education broadly has intrinsic merit, the petitioner's work as an individual teacher did not self-evidently set her apart from other competent teachers, and submitted materials only demonstrated she is a successful teacher.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_04_B5203; source_row=16010 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceEstablishedAutomated extraction · broader context
Case facts
Physics
Issue evaluated
NIW · National importance
substantial intrinsic merit
Why the evidence was persuasive
AAO did not dispute the substantial intrinsic merit of the petitioner's field of work; this prong was conceded by the director and not contested on appeal.
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AAO did not dispute the substantial intrinsic merit of the petitioner's field of work; this prong was conceded by the director and not contested on appeal.
Exact record locator: findings_long.parquet filename_stem=2013-03-08_05_B5203; source_row=16013 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c