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10,847 decisions /36,849 findings
Showing 23491–23500
NIWNIW · Well positionedNot addressedAutomated extraction · broader context
Case facts
Environment / EnergyMaster’s85 papers
Issue evaluated
NIW · Well positioned
national in scope
What the decision said
The decision does not separately analyze national scope; analysis turns on the third NYSDOT factor.
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The decision does not separately analyze national scope; analysis turns on the third NYSDOT factor.
Exact record locator: findings_long.parquet filename_stem=2012-03-30_03_B5203; source_row=14057 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's filing omitted the required statement about whether the unfavorable decision has been or is the subject of any judicial proceeding, as required by 8 C.F.R. § 103.5(a)(1)(iii)(C).
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The petitioner's filing omitted the required statement about whether the unfavorable decision has been or is the subject of any judicial proceeding, as required by 8 C.F.R. § 103.5(a)(1)(iii)(C).
Exact record locator: findings_long.parquet filename_stem=2012-03-30_08_B5203; source_row=14078 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
Motion to Reopen — new facts and evidence
Why AAO was not persuaded
A motion to reopen must state new facts and be supported by new evidence. Counsel stated no new facts and the only submitted document (the FedEx airbill) was already in the record. Repeating information already in the record does not satisfy the requirements of a motion to reopen.
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A motion to reopen must state new facts and be supported by new evidence. Counsel stated no new facts and the only submitted document (the FedEx airbill) was already in the record. Repeating information already in the record does not satisfy the requirements of a motion to reopen.
Exact record locator: findings_long.parquet filename_stem=2012-03-30_08_B5203; source_row=14076 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
Motion to Reconsider — incorrect application of law or policy
Why AAO was not persuaded
The AAO analyzed the cited case law and found that the petitioner's situation closely resembles Matter of Liadov — an 'eleventh hour' filing sent the day before the deadline with a delivery that was a few days late — rather than the more compelling facts of Oh v. Gonzales (filed six days early, delivered 20 days late).…
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The AAO analyzed the cited case law and found that the petitioner's situation closely resembles Matter of Liadov — an 'eleventh hour' filing sent the day before the deadline with a delivery that was a few days late — rather than the more compelling facts of Oh v. Gonzales (filed six days early, delivered 20 days late). The cited case law establishes only that the appellate authority must consider whether extraordinary or unique circumstances exist; it does not compel acceptance of untimely appeals, and the petitioner did not demonstrate such circumstances here.
Exact record locator: findings_long.parquet filename_stem=2012-03-30_08_B5203; source_row=14077 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Job offer requires advanced degree or exceptional ability equivalent
Why AAO was not persuaded
The Form ETA 750 requires only a bachelor's degree and two years of experience, falling short of the advanced degree requirement. The attempt to change the classification on appeal is an impermissible material change, not a clerical correction, as evidenced by the petitioner's own support letter explicitly seeking advanced degree classification.
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The Form ETA 750 requires only a bachelor's degree and two years of experience, falling short of the advanced degree requirement. The attempt to change the classification on appeal is an impermissible material change, not a clerical correction, as evidenced by the petitioner's own support letter explicitly seeking advanced degree classification.
Exact record locator: findings_long.parquet filename_stem=2012-03-30_06_B5203; source_row=14073 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
foreign equivalent degree to U.S. baccalaureate (or advanced degree)
Why AAO was not persuaded
AAO confirmed that neither the two-year BS nor the two-year MPA from Pakistan constitutes a foreign equivalent to a four-year U.S. baccalaureate; combining them does not produce a single foreign equivalent degree as required by regulation. AACRAO/EDGE data confirmed the Pakistani degrees are each comparable to only two to three years of U.S. university study.…
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AAO confirmed that neither the two-year BS nor the two-year MPA from Pakistan constitutes a foreign equivalent to a four-year U.S. baccalaureate; combining them does not produce a single foreign equivalent degree as required by regulation. AACRAO/EDGE data confirmed the Pakistani degrees are each comparable to only two to three years of U.S. university study. The credentials evaluations were given little weight because they improperly combined the two degrees.
Exact record locator: findings_long.parquet filename_stem=2012-03-29_03_B5203; source_row=14039 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets labor certification educational and experience requirements
Why AAO was not persuaded
AAO agreed the beneficiary lacked a foreign equivalent degree to either the required master's or bachelor's in business administration. While the beneficiary's work experience was accepted as meeting the experience prong, the absence of a qualifying educational credential under either the primary or alternate combination pathway was fatal to qualification under the labor certification.
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AAO agreed the beneficiary lacked a foreign equivalent degree to either the required master's or bachelor's in business administration. While the beneficiary's work experience was accepted as meeting the experience prong, the absence of a qualifying educational credential under either the primary or alternate combination pathway was fatal to qualification under the labor certification.
Exact record locator: findings_long.parquet filename_stem=2012-03-29_03_B5203; source_row=14040 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c