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.
The sole proprietor's AGI was negative in 2009 and well below the proffered wage in 2010; the W-2 was not issued by the petitioner; the financial statements were unaudited compilations; and future projections and unsupported assertions cannot substitute for documentary evidence of ability to pay.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The sole proprietor's AGI was negative in 2009 and well below the proffered wage in 2010; the W-2 was not issued by the petitioner; the financial statements were unaudited compilations; and future projections and unsupported assertions cannot substitute for documentary evidence of ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-01-29_13_B5203; source_row=15739 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO affirmed, finding substantial and probative evidence in the record supporting the inference that the marriage was entered into to evade immigration laws.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO affirmed, finding substantial and probative evidence in the record supporting the inference that the marriage was entered into to evade immigration laws.
Exact record locator: findings_long.parquet filename_stem=2013-01-29_14_B5203; source_row=15740 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial intrinsic merit
Why AAO was not persuaded
The petitioner's sole published piece was co-authored by eight persons and consisted of two photographs and eleven sentences. The conference abstracts recounted individual patient case studies rather than original research. Awards were either pre-dating the filing without adequate significance documentation or post-dated the filing.
Why this is useful
Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.
View full reasoning +
The petitioner's sole published piece was co-authored by eight persons and consisted of two photographs and eleven sentences. The conference abstracts recounted individual patient case studies rather than original research. Awards were either pre-dating the filing without adequate significance documentation or post-dated the filing.
Exact record locator: findings_long.parquet filename_stem=2013-01-29_06_B5203; source_row=15732 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
While dissemination of research through publications and presentations can provide national-scope benefits, the petitioner's research was conducted during graduate training and is time-limited. The claims about treating nationally-referred patients and teaching advanced procedures lacked evidentiary support and did not show innovation.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
View full reasoning +
While dissemination of research through publications and presentations can provide national-scope benefits, the petitioner's research was conducted during graduate training and is time-limited. The claims about treating nationally-referred patients and teaching advanced procedures lacked evidentiary support and did not show innovation.
Exact record locator: findings_long.parquet filename_stem=2013-01-29_06_B5203; source_row=15733 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
60 months of experience in the job offered (math department coordinator)
Why AAO was not persuaded
The beneficiary worked as a math teacher from 2000 to 2006 and served as general coordinator only during the 2006/2007 academic year, which is less than five years. The alternate experience standard on the prevailing wage determination form could not substitute for the express terms of the labor certification, and USCIS may not ignore or alter the terms of the labor certification.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The beneficiary worked as a math teacher from 2000 to 2006 and served as general coordinator only during the 2006/2007 academic year, which is less than five years. The alternate experience standard on the prevailing wage determination form could not substitute for the express terms of the labor certification, and USCIS may not ignore or alter the terms of the labor certification.
Exact record locator: findings_long.parquet filename_stem=2013-01-29_05_B5203; source_row=15731 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
job offer requires advanced degree or equivalent / exceptional ability
Why AAO was not persuaded
Because Part H, Item 14 of the ETA Form 9089 permits any suitable combination of academic study and experience deemed equivalent, the job offer does not require an advanced-degree professional or an alien of exceptional ability under 8 C.F.R. § 204.5(k)(4).
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
Because Part H, Item 14 of the ETA Form 9089 permits any suitable combination of academic study and experience deemed equivalent, the job offer does not require an advanced-degree professional or an alien of exceptional ability under 8 C.F.R. § 204.5(k)(4).
Exact record locator: findings_long.parquet filename_stem=2013-01-28_04_B5203; source_row=15727 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO raised ability to pay sua sponte as an additional ground for dismissal. The petitioner did not employ or pay the beneficiary the full proffered wage in 2011, had insufficient net income and net current assets, and presented no Sonegawa factors to otherwise demonstrate ability to pay.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO raised ability to pay sua sponte as an additional ground for dismissal. The petitioner did not employ or pay the beneficiary the full proffered wage in 2011, had insufficient net income and net current assets, and presented no Sonegawa factors to otherwise demonstrate ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-01-28_02_B5203; source_row=15725 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary met minimum experience requirements by priority date
Why AAO was not persuaded
AAO declined to consider new evidence submitted for the first time on appeal because the petitioner had been given adequate notice and opportunity to respond during the RFE stage. Even if the new evidence were accepted, inconsistencies in that evidence—such as a different business address for the employer in the Home Development Mutual Fund documents and the handwritten or computer-generated nature of other documents—furthe…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO declined to consider new evidence submitted for the first time on appeal because the petitioner had been given adequate notice and opportunity to respond during the RFE stage. Even if the new evidence were accepted, inconsistencies in that evidence—such as a different business address for the employer in the Home Development Mutual Fund documents and the handwritten or computer-generated nature of other documents—further supported the finding that the company was not operating after 1999.
Exact record locator: findings_long.parquet filename_stem=2013-01-28_02_B5203; source_row=15724 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO could not substantively adjudicate the appeal because the petitioner failed to respond to the RFE requesting 2011 tax or financial records and W-2/1099 forms for the beneficiary. Failure to submit requested evidence that precludes a material line of inquiry is grounds for denial.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
The AAO could not substantively adjudicate the appeal because the petitioner failed to respond to the RFE requesting 2011 tax or financial records and W-2/1099 forms for the beneficiary. Failure to submit requested evidence that precludes a material line of inquiry is grounds for denial.
Exact record locator: findings_long.parquet filename_stem=2013-01-28_03_B5203; source_row=15726 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the petitioner failed to submit annual reports, tax returns, or audited financial statements for any year from the priority date onward, and that the conceded inability to pay in early 2010 preceded the AC-21 port.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
View full reasoning +
AAO agreed the petitioner failed to submit annual reports, tax returns, or audited financial statements for any year from the priority date onward, and that the conceded inability to pay in early 2010 preceded the AC-21 port.
Exact record locator: findings_long.parquet filename_stem=2013-01-28_01_B5203; source_row=15723 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c