Search a substantial collection of case-specific reasoning, then narrow it by petition, field, legal issue, or date.
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10,847 decisions /36,849 findings
Showing 23171–23180
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
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Issue evaluated
EB-1A · Original contributions
Original contributions of major significance in the field
Why AAO was not persuaded
AAO found that none of the evidence identifies what specifically the petitioner contributed as an individual, as opposed to the creative team as a whole, and no evidence establishes that anything the petitioner did was original. Further, even if one contribution were found, the regulation requires contributions in the plural.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found that none of the evidence identifies what specifically the petitioner contributed as an individual, as opposed to the creative team as a whole, and no evidence establishes that anything the petitioner did was original. Further, even if one contribution were found, the regulation requires contributions in the plural.
Exact record locator: findings_long.parquet filename_stem=2012-05-14_06_B2203; source_row=14433 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or U.S. baccalaureate (or foreign equivalent) plus five years progressive experience
Why AAO was not persuaded
AAO agreed with the director: a three-year foreign degree is not a foreign equivalent to a U.S. bachelor's degree under Matter of Shah and EDGE, and NBCOT's licensure standards are not the standards for advanced degree professional classification under section 203(b)(2).
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO agreed with the director: a three-year foreign degree is not a foreign equivalent to a U.S. bachelor's degree under Matter of Shah and EDGE, and NBCOT's licensure standards are not the standards for advanced degree professional classification under section 203(b)(2).
Exact record locator: findings_long.parquet filename_stem=2012-05-14_08_B5203; source_row=14440 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay the proffered wage from the priority date
Why AAO was not persuaded
The petitioner's net income was deeply negative in 2007 (-$14,874,000) and 2008 (-$4,821,000), and its net current assets were also negative in both years. The petitioner paid the beneficiary well below the proffered wage in 2008 and nothing in 2007. None of the petitioner's alternative arguments (Yates Memorandum, bank statements, lines of credit, CFO letter, wages to other employees) were sufficient.…
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The petitioner's net income was deeply negative in 2007 (-$14,874,000) and 2008 (-$4,821,000), and its net current assets were also negative in both years. The petitioner paid the beneficiary well below the proffered wage in 2008 and nothing in 2007. None of the petitioner's alternative arguments (Yates Memorandum, bank statements, lines of credit, CFO letter, wages to other employees) were sufficient. The Sonegawa totality-of-circumstances analysis also did not save the petition because no uncharacteristic loss or outstanding business reputation was shown.
Exact record locator: findings_long.parquet filename_stem=2012-05-14_05_B5203; source_row=14428 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Bachelor's degree in business administration or related field
Why AAO was not persuaded
AAO identified this as an additional ground of ineligibility not raised by the director. The beneficiary holds a degree in economics, which is a social science housed in a college of arts and sciences, whereas business administration is in a school of commerce/business. While there is some overlap, the record contained no evidence that economics is 'related' to business administration for purposes of the labor certification.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO identified this as an additional ground of ineligibility not raised by the director. The beneficiary holds a degree in economics, which is a social science housed in a college of arts and sciences, whereas business administration is in a school of commerce/business. While there is some overlap, the record contained no evidence that economics is 'related' to business administration for purposes of the labor certification.
Exact record locator: findings_long.parquet filename_stem=2012-05-14_05_B5203; source_row=14430 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
60 months of progressive post-baccalaureate experience
Why the evidence was persuasive
AAO found that the affidavit submitted on appeal sufficiently documented the beneficiary's 60 months of progressive post-baccalaureate experience, disagreeing with the director on this sub-issue.
Why this is useful
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AAO found that the affidavit submitted on appeal sufficiently documented the beneficiary's 60 months of progressive post-baccalaureate experience, disagreeing with the director on this sub-issue.
Exact record locator: findings_long.parquet filename_stem=2012-05-14_05_B5203; source_row=14429 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the wages paid did not match the proffered wage, the predecessor's net income was negative each year, and net current assets were insufficient. Assets of related entities or the sole shareholder cannot be considered.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO found the wages paid did not match the proffered wage, the predecessor's net income was negative each year, and net current assets were insufficient. Assets of related entities or the sole shareholder cannot be considered.
Exact record locator: findings_long.parquet filename_stem=2012-05-14_07_B5203; source_row=14439 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The ETA Form 9089 lists only a bachelor's degree and three years of experience as minimum requirements, which does not satisfy 8 C.F.R. § 204.5(k)(4). The petitioner cannot make material post-filing changes to correct the deficiency, and USCIS cannot ignore the terms of the labor certification.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The ETA Form 9089 lists only a bachelor's degree and three years of experience as minimum requirements, which does not satisfy 8 C.F.R. § 204.5(k)(4). The petitioner cannot make material post-filing changes to correct the deficiency, and USCIS cannot ignore the terms of the labor certification.
Exact record locator: findings_long.parquet filename_stem=2012-05-14_02_B5203; source_row=14409 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c