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 22291–22300

NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

beneficiary possesses qualifications stated on ETA Form 9089

Why AAO was not persuaded

Part H of the ETA Form 9089 required a master's degree with no alternative education-experience combination, and because the beneficiary's foreign education equates only to a U.S. bachelor's degree, the petitioner did not establish the beneficiary met the labor certification's stated requirements.

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Part H of the ETA Form 9089 required a master's degree with no alternative education-experience combination, and because the beneficiary's foreign education equates only to a U.S. bachelor's degree, the petitioner did not establish the beneficiary met the labor certification's stated requirements.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_06_B5203; source_row=15509
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

beneficiary possesses minimum education stated on labor certification

Why AAO was not persuaded

The AAO agreed with the director, preferring EDGE's juried opinion that the Indian Master of Science is comparable only to a U.S. bachelor's degree, and rejecting the petitioner's inconsistent credential evaluations.

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The AAO agreed with the director, preferring EDGE's juried opinion that the Indian Master of Science is comparable only to a U.S. bachelor's degree, and rejecting the petitioner's inconsistent credential evaluations.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_11_B5203; source_row=15515
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

ability to pay the proffered wage

Why AAO was not persuaded

AAO raised ability to pay as an additional concern in its NOID; with no response, the petitioner failed to establish ability to pay.

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AAO raised ability to pay as an additional concern in its NOID; with no response, the petitioner failed to establish ability to pay.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_02_B5203; source_row=15500
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

other

Ability to pay via wages actually paid to beneficiary

Why AAO was not persuaded

The beneficiary received $64,249.92 in 2008 and 2009, and $58,895.76 in 2010 — all below the proffered wage — so the petitioner did not establish prima facie ability to pay through wages paid.

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The beneficiary received $64,249.92 in 2008 and 2009, and $58,895.76 in 2010 — all below the proffered wage — so the petitioner did not establish prima facie ability to pay through wages paid.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_12_B5203; source_row=15516
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

other

Ability to pay via net income from federal tax returns

Why AAO was not persuaded

The petitioner's Schedule C net income was $2,664 in 2008 and $0 in 2009, which was insufficient to establish ability to pay the proffered wage.

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The petitioner's Schedule C net income was $2,664 in 2008 and $0 in 2009, which was insufficient to establish ability to pay the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_12_B5203; source_row=15517
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

other

Ability to pay via totality of circumstances / overall business magnitude

Why AAO was not persuaded

The Dun & Bradstreet reports did not address the 2008 or early 2009 period; future earnings projections cannot overcome documented inability to pay at the priority date per Matter of Great Wall; and the sharp increase in gross receipts did not explain the very low net income figures. The petitioner also failed to address a second pending I-140 for another beneficiary with the same proffered wage.

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The Dun & Bradstreet reports did not address the 2008 or early 2009 period; future earnings projections cannot overcome documented inability to pay at the priority date per Matter of Great Wall; and the sharp increase in gross receipts did not explain the very low net income figures. The petitioner also failed to address a second pending I-140 for another beneficiary with the same proffered wage.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_12_B5203; source_row=15518
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Finance

Issue evaluated

other

Labor certification supports advanced degree professional classification

Why AAO was not persuaded

Because Part H.14 of the labor certification allows the bachelor's degree requirement to be met by a combination of degrees and/or certifications, the job offer does not require a full bachelor's degree plus five years of progressive experience, and thus cannot support the EB-2 advanced degree professional category.

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Because Part H.14 of the labor certification allows the bachelor's degree requirement to be met by a combination of degrees and/or certifications, the job offer does not require a full bachelor's degree plus five years of progressive experience, and thus cannot support the EB-2 advanced degree professional category.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_03_B5203; source_row=15502
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
EB-1AEB-1A · AwardsNot pursuedAutomated extraction · broader context

Case facts

Other

Issue evaluated

EB-1A · Awards

prizes or awards

What the decision said

The appellate brief did not point to any specific error in the director's analysis and offered no directed argument, so the AAO deemed this issue abandoned.

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The appellate brief did not point to any specific error in the director's analysis and offered no directed argument, so the AAO deemed this issue abandoned.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_02_B2203; source_row=15492
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Net income sufficient to pay proffered wage

Why AAO was not persuaded

Net income was -$24,913 in 2009 and $95,908 in 2010, both insufficient relative to the $121,430 proffered wage. The petitioner's officer compensation argument was rejected because no sworn affidavit was provided showing the sole shareholder agreed to forego compensation, and a Form W-2 was discredited due to an unresolved inconsistency with the 2010 Form 1120S.…

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Net income was -$24,913 in 2009 and $95,908 in 2010, both insufficient relative to the $121,430 proffered wage. The petitioner's officer compensation argument was rejected because no sworn affidavit was provided showing the sole shareholder agreed to forego compensation, and a Form W-2 was discredited due to an unresolved inconsistency with the 2010 Form 1120S. Counting Schedule K income separately would constitute double-counting.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_04_B5203; source_row=15504
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Other

Issue evaluated

other

Wages paid to beneficiary

Why AAO was not persuaded

The petitioner did not submit any evidence to show that it paid wages to the beneficiary.

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The petitioner did not submit any evidence to show that it paid wages to the beneficiary.
Exact record locator: findings_long.parquet filename_stem=2012-12-19_04_B5203; source_row=15503
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
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