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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.
Ability to pay combined proffered wages for multiple I-140 petitions
Why AAO was not persuaded
USCIS records show the petitioner filed four additional I-140 petitions, requiring demonstration of combined ability to pay all proffered wages. The record failed to document priority dates, proffered wages, or disposition of those other petitions.
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USCIS records show the petitioner filed four additional I-140 petitions, requiring demonstration of combined ability to pay all proffered wages. The record failed to document priority dates, proffered wages, or disposition of those other petitions.
Exact record locator: findings_long.parquet filename_stem=2013-02-28_02_B5203; source_row=15975 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The 2010 Form 1120S showed net income of only $4,621, far below the proffered wage. Unaudited financial statements were not acceptable because they were compiled rather than audited, and bank statements are not among the enumerated acceptable forms of evidence.
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The 2010 Form 1120S showed net income of only $4,621, far below the proffered wage. Unaudited financial statements were not acceptable because they were compiled rather than audited, and bank statements are not among the enumerated acceptable forms of evidence.
Exact record locator: findings_long.parquet filename_stem=2013-02-28_02_B5203; source_row=15973 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO reviewed the AACRAO EDGE database and found that the beneficiary's degree is in architecture, not engineering, and that these are not in the same field. Because USCIS may not ignore a term of the labor certification, the beneficiary is unqualified for the offered position.
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AAO reviewed the AACRAO EDGE database and found that the beneficiary's degree is in architecture, not engineering, and that these are not in the same field. Because USCIS may not ignore a term of the labor certification, the beneficiary is unqualified for the offered position.
Exact record locator: findings_long.parquet filename_stem=2013-02-28_02_B5203; source_row=15976 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO affirmed the director's finding, noting that the petitioner's role as a reviewer and judge of international film entries and membership on an editorial board satisfied the plain language of the criterion.
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See how invitations, completed assignments, and the nature of judging were documented and weighed.
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The AAO affirmed the director's finding, noting that the petitioner's role as a reviewer and judge of international film entries and membership on an editorial board satisfied the plain language of the criterion.
Exact record locator: findings_long.parquet filename_stem=2013-02-28_01_B2203; source_row=15968 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Sufficiency of experience letter under 8 C.F.R. § 204.5(g)(1)
Why AAO was not persuaded
AAO raised this issue sua sponte on de novo review. The experience letter listed job title and technologies used but did not provide a specific description of duties performed as required by the regulation.
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AAO raised this issue sua sponte on de novo review. The experience letter listed job title and technologies used but did not provide a specific description of duties performed as required by the regulation.
Exact record locator: findings_long.parquet filename_stem=2013-02-28_03_B5203; source_row=15978 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the petitioner paid the beneficiary only $13,920 in 2011 (less than the $30,160 proffered wage) and had a net loss of -$5,542 in 2011 with only $19,600 in total revenue and no assets.…
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AAO found the petitioner paid the beneficiary only $13,920 in 2011 (less than the $30,160 proffered wage) and had a net loss of -$5,542 in 2011 with only $19,600 in total revenue and no assets. AAO rejected use of a line of credit (not a contractual obligation and not equivalent to cash), prorating the wage (no monthly income statements or pay stubs covering only the post-priority-date period were submitted), and shareholder personal assets (corporation is a separate legal entity). Totality of circumstances also weighed against the petitioner given consistent decline since 2008.
Exact record locator: findings_long.parquet filename_stem=2013-02-28_05_B5203; source_row=15980 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for organizations or establishments with a distinguished reputation
Why AAO was not persuaded
The petitioner, as a third-party consultant, did not demonstrate a leading or critical role for the medical organizations as a whole. Evidence of attracting and maintaining clients does not establish that the petitioner's role was critical to the organizations. The medical organizations obtained their reputation independently of the petitioner. Furthermore, the regulation requires a role for organizations in the plural.
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The petitioner, as a third-party consultant, did not demonstrate a leading or critical role for the medical organizations as a whole. Evidence of attracting and maintaining clients does not establish that the petitioner's role was critical to the organizations. The medical organizations obtained their reputation independently of the petitioner. Furthermore, the regulation requires a role for organizations in the plural.
Exact record locator: findings_long.parquet filename_stem=2013-02-27_04_B2203; source_row=15963 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material about the alien in professional or major trade publications or other major media
Why AAO was not persuaded
The foreign-language documents lacked proper individual translator certifications and were thus not probative. The bare circulation numbers were insufficient to demonstrate that the publications constituted major media, as no comparative evidence was provided. The television appearance was not about the petitioner relating to her work.
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The foreign-language documents lacked proper individual translator certifications and were thus not probative. The bare circulation numbers were insufficient to demonstrate that the publications constituted major media, as no comparative evidence was provided. The television appearance was not about the petitioner relating to her work.
Exact record locator: findings_long.parquet filename_stem=2013-02-27_04_B2203; source_row=15961 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c