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.
10,847 decisions /36,849 findings
Showing 23661–23670
EB-1AEB-1A · MembershipNot established
Case facts
Social Sciences
Issue evaluated
EB-1A · Membership
membership in associations requiring outstanding achievements
Why AAO was not persuaded
AAO found the petitioner failed to demonstrate the criterion is inapplicable to his occupation, that his proffered evidence is not comparable to qualifying membership, and that 8 C.F.R. § 204.5(h)(4) cannot be used to circumvent the regulatory criteria.
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AAO found the petitioner failed to demonstrate the criterion is inapplicable to his occupation, that his proffered evidence is not comparable to qualifying membership, and that 8 C.F.R. § 204.5(h)(4) cannot be used to circumvent the regulatory criteria.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_01_B2203; source_row=13839 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the totality of evidence did not establish sustained national or international acclaim or that the petitioner is among the small percentage at the very top of the field.
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AAO found the totality of evidence did not establish sustained national or international acclaim or that the petitioner is among the small percentage at the very top of the field.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_01_B2203; source_row=13845 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO concluded most articles merely mentioned the petitioner among other performers rather than being about him, and the petitioner failed to establish that the relevant publications were professional or major trade publications or other major media.
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AAO concluded most articles merely mentioned the petitioner among other performers rather than being about him, and the petitioner failed to establish that the relevant publications were professional or major trade publications or other major media.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_01_B2203; source_row=13840 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Job offer requires a professional holding an advanced degree
Why AAO was not persuaded
AAO agreed that the labor certification's stated minimum requirements do not require an advanced degree or a bachelor's plus five years of progressive experience, so the position does not qualify for EB-2 classification.
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AAO agreed that the labor certification's stated minimum requirements do not require an advanced degree or a bachelor's plus five years of progressive experience, so the position does not qualify for EB-2 classification.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_05_B5203; source_row=13854 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
qualifies as member of professions holding advanced degree or equivalent
Why AAO was not persuaded
The petitioner cannot show five years of post-baccalaureate experience in nursing because her nursing degree was awarded less than five years before filing. Nursing does not meet the regulatory definition of 'profession' because less than a baccalaureate degree suffices for entry. No legal authority permits USCIS to aggregate unrelated degrees and experience to constitute an advanced degree equivalent.
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The petitioner cannot show five years of post-baccalaureate experience in nursing because her nursing degree was awarded less than five years before filing. Nursing does not meet the regulatory definition of 'profession' because less than a baccalaureate degree suffices for entry. No legal authority permits USCIS to aggregate unrelated degrees and experience to constitute an advanced degree equivalent.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_01_B5203; source_row=13846 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
EB-1A · High remuneration
high salary or significantly high remuneration
Why AAO was not persuaded
AAO found that the tax returns reflected income as a music-school proprietor (not a tabla performer), the single letter referencing per-concert payment was unsupported by primary evidence and inconsistent with tax records, and the $35,000 job offer was substantially below the OOH top ten percent.
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AAO found that the tax returns reflected income as a music-school proprietor (not a tabla performer), the single letter referencing per-concert payment was unsupported by primary evidence and inconsistent with tax records, and the $35,000 job offer was substantially below the OOH top ten percent.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_01_B2203; source_row=13844 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Medicine / Clinical
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
Consistent with NYSDOT's examples, the impact of a single nurse at one hospital would be so attenuated at the national level as to be negligible. The same reasoning applies to the petitioner's medical technologist qualification.
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Consistent with NYSDOT's examples, the impact of a single nurse at one hospital would be so attenuated at the national level as to be negligible. The same reasoning applies to the petitioner's medical technologist qualification.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_01_B5203; source_row=13848 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot pursuedAutomated extraction · broader context
Case facts
Medicine / Clinical
Issue evaluated
NIW · Waiver on balance
national interest to substantially greater degree than available U.S. worker
What the decision said
Counsel's introductory statement claimed the petitioner's unique qualifications meet the NYSDOT standard, but the appellate brief did not elaborate on this point, and the AAO deemed the claim abandoned.
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Counsel's introductory statement claimed the petitioner's unique qualifications meet the NYSDOT standard, but the appellate brief did not elaborate on this point, and the AAO deemed the claim abandoned.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_01_B5203; source_row=13849 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses master's degree in required field
Why AAO was not persuaded
The ETA Form 9089 designated business administration or closely related advanced degree as the required field. The beneficiary's Master of City Planning does not qualify as closely related to business administration, and the credential evaluations were given little weight as they were inconsistent with the labor certification's plain language requirements.
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The ETA Form 9089 designated business administration or closely related advanced degree as the required field. The beneficiary's Master of City Planning does not qualify as closely related to business administration, and the credential evaluations were given little weight as they were inconsistent with the labor certification's plain language requirements.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_04_B5203; source_row=13853 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c