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10,847 decisions /36,849 findings
Showing 23801–23810
EB-1AEB-1A · Original contributionsNot established
Case facts
Chemistry / Chemical Engineering
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
The petitioner's citation evidence was unreliable—self-serving lists with no indicia of origin, SciFinder documents that did not identify which article was cited, and copies of citing articles showing only moderate citations. Expert letters described future benefits rather than already-realized impact. The petitioner failed to document actual major significance of his contributions.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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The petitioner's citation evidence was unreliable—self-serving lists with no indicia of origin, SciFinder documents that did not identify which article was cited, and copies of citing articles showing only moderate citations. Expert letters described future benefits rather than already-realized impact. The petitioner failed to document actual major significance of his contributions.
Exact record locator: findings_long.parquet filename_stem=2012-01-17_02_B2203; source_row=13688 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's salary of $92,000 was compared only to average local San Diego salaries from Indeed.com, which is not a proper basis for comparison. The petitioner needed to show he commanded a high salary relative to top earners nationally in his field.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The petitioner's salary of $92,000 was compared only to average local San Diego salaries from Indeed.com, which is not a proper basis for comparison. The petitioner needed to show he commanded a high salary relative to top earners nationally in his field.
Exact record locator: findings_long.parquet filename_stem=2012-01-17_02_B2203; source_row=13691 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO withdrew the director's determination and found the petitioner's 16 scholarly articles in qualifying publications met the plain language requirements of this criterion.
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See how AAO evaluated whether the work qualified as scholarly authorship and what it showed in the full record.
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AAO withdrew the director's determination and found the petitioner's 16 scholarly articles in qualifying publications met the plain language requirements of this criterion.
Exact record locator: findings_long.parquet filename_stem=2012-01-17_02_B2203; source_row=13689 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income and net current assets were both negative in 2005; wages paid to the beneficiary were below the proffered wage; the audited financial statement was rejected because it improperly mixed cash and accrual accounting methods; unaudited statements and bank statements were not among the permissible evidence types under 8 C.F.R. § 204.5(g)(2); and wages paid to a prior employee cannot be used to prove ability to pay.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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Net income and net current assets were both negative in 2005; wages paid to the beneficiary were below the proffered wage; the audited financial statement was rejected because it improperly mixed cash and accrual accounting methods; unaudited statements and bank statements were not among the permissible evidence types under 8 C.F.R. § 204.5(g)(2); and wages paid to a prior employee cannot be used to prove ability to pay.
Exact record locator: findings_long.parquet filename_stem=2012-01-17_03_B5203; source_row=13694 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of pre-priority-date experience in proffered position
Why the evidence was persuasive
AAO found the signed employment letters fully documented over five years (including a letter confirming employment from 1997 to 2000 plus over four additional years) of experience consistent with the alien employment certification, satisfying the requirement.
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AAO found the signed employment letters fully documented over five years (including a letter confirming employment from 1997 to 2000 plus over four additional years) of experience consistent with the alien employment certification, satisfying the requirement.
Exact record locator: findings_long.parquet filename_stem=2012-01-17_03_B5203; source_row=13695 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO points to gaps in the 2009 payroll record (April and May missing) as suggesting non-full-time employment, and instructs the petitioner in any further filings to resolve conflicts in the evidence of pay and dates of employment and to establish that the position is for a full-time worker.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO points to gaps in the 2009 payroll record (April and May missing) as suggesting non-full-time employment, and instructs the petitioner in any further filings to resolve conflicts in the evidence of pay and dates of employment and to establish that the position is for a full-time worker.
Exact record locator: findings_long.parquet filename_stem=2012-01-17_01_B5203; source_row=13683 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Wages actually paid in 2008 ($24,080 per W-2) fell short of the prorated proffered wage; documentation contained unresolved discrepancies; the sole proprietor's 2008 adjusted gross income of $31,271 was less than annualized household expenses of $32,382.48; and 2009 evidence was inadequate under 8 C.F.R. § 204.5(g)(2).
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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Wages actually paid in 2008 ($24,080 per W-2) fell short of the prorated proffered wage; documentation contained unresolved discrepancies; the sole proprietor's 2008 adjusted gross income of $31,271 was less than annualized household expenses of $32,382.48; and 2009 evidence was inadequate under 8 C.F.R. § 204.5(g)(2).
Exact record locator: findings_long.parquet filename_stem=2012-01-17_01_B5203; source_row=13682 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
job offer requires a professional holding an advanced degree
Why AAO was not persuaded
AAO held that USCIS must apply the plain language of the labor certification and may not ignore any term. Because the ETA Form 9089 permits satisfaction of the minimum requirements through a 'master's equivalent based on any suitable combination of education, training or experience,' the job does not require an advanced degree. AILA liaison meeting minutes are non-binding and do not alter this result.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO held that USCIS must apply the plain language of the labor certification and may not ignore any term. Because the ETA Form 9089 permits satisfaction of the minimum requirements through a 'master's equivalent based on any suitable combination of education, training or experience,' the job does not require an advanced degree. AILA liaison meeting minutes are non-binding and do not alter this result.
Exact record locator: findings_long.parquet filename_stem=2012-01-17_02_B5203; source_row=13693 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Pursuant to Kazarian, the petitioner submitted sufficient documentary evidence to demonstrate that he meets the plain language of the scholarly articles regulation. However, meeting only this one criterion is insufficient as at least three criteria are required.
Why this is useful
See how AAO evaluated whether the work qualified as scholarly authorship and what it showed in the full record.
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Pursuant to Kazarian, the petitioner submitted sufficient documentary evidence to demonstrate that he meets the plain language of the scholarly articles regulation. However, meeting only this one criterion is insufficient as at least three criteria are required.
Exact record locator: findings_long.parquet filename_stem=2012-01-13_03_B2203; source_row=13679 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c