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 24201–24210
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Mechanical / Manufacturing EngineeringPhysician
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
The AAO found the record contained insufficient evidence to confirm national scope, despite criticizing the director's contradictory reasoning. The proprietary nature of the work and lack of evidence of the petitioner's influence over the employer's national holdings were determinative.
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The AAO found the record contained insufficient evidence to confirm national scope, despite criticizing the director's contradictory reasoning. The proprietary nature of the work and lack of evidence of the petitioner's influence over the employer's national holdings were determinative.
Exact record locator: findings_long.parquet filename_stem=2011-10-06_03_B5203; source_row=13248 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Civil / Structural Engineering
Issue evaluated
NIW · Well positioned
national in scope
Why the evidence was persuasive
AAO indicated that the national scope of historic preservation is not in dispute, effectively departing from the director's national scope finding while reaching the same overall result on a different prong.
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AAO indicated that the national scope of historic preservation is not in dispute, effectively departing from the director's national scope finding while reaching the same overall result on a different prong.
Exact record locator: findings_long.parquet filename_stem=2011-10-06_02_B5203; source_row=13245 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO affirmed that the regulation permits denial of skeletal petitions lacking required initial evidence, and that evidence submitted for the first time on appeal cannot cure the deficiency. The director was not required to issue an RFE before denying a clearly deficient petition.
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AAO affirmed that the regulation permits denial of skeletal petitions lacking required initial evidence, and that evidence submitted for the first time on appeal cannot cure the deficiency. The director was not required to issue an RFE before denying a clearly deficient petition.
Exact record locator: findings_long.parquet filename_stem=2011-10-06_04_B5203; source_row=13250 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
procedural or other
Properly executed Form G-28 on appeal
Why AAO was not persuaded
The attorney who filed Form I-290B on appeal did not submit a properly executed Form G-28. The Power of Attorney document is not a substitute for Form G-28 and, in any event, was issued to a different attorney than the one who filed the appeal.
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The attorney who filed Form I-290B on appeal did not submit a properly executed Form G-28. The Power of Attorney document is not a substitute for Form G-28 and, in any event, was issued to a different attorney than the one who filed the appeal.
Exact record locator: findings_long.parquet filename_stem=2011-10-05_01_B5203; source_row=13241 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
procedural or other
Proper signature on Form I-140 and Form ETA 9089 by petitioning employer
Why AAO was not persuaded
No employee or officer of the petitioning employer signed Form I-140 or Form ETA 9089. An attorney signed Form I-140's petitioner signature block under penalty of perjury, but regulations require the actual petitioner to sign. The Power of Attorney does not satisfy the signature requirements because a declaration under penalty of perjury cannot be subscribed by another person on behalf of the declarant.
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No employee or officer of the petitioning employer signed Form I-140 or Form ETA 9089. An attorney signed Form I-140's petitioner signature block under penalty of perjury, but regulations require the actual petitioner to sign. The Power of Attorney does not satisfy the signature requirements because a declaration under penalty of perjury cannot be subscribed by another person on behalf of the declarant.
Exact record locator: findings_long.parquet filename_stem=2011-10-05_01_B5203; source_row=13242 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Petitioner's signature on Form I-140 and supporting documents
Why AAO was not persuaded
The employer's actual signature is required under 8 C.F.R. § 103.2(a)(2) as certification under penalty of perjury; a POA cannot substitute for the employer's own signature, and an attorney's unsupported assertions have no evidentiary value. The petition, introductory letter of support, and alien employment certification were all signed only by the attorney, rendering each filing improper.
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The employer's actual signature is required under 8 C.F.R. § 103.2(a)(2) as certification under penalty of perjury; a POA cannot substitute for the employer's own signature, and an attorney's unsupported assertions have no evidentiary value. The petition, introductory letter of support, and alien employment certification were all signed only by the attorney, rendering each filing improper.
Exact record locator: findings_long.parquet filename_stem=2011-10-05_02_B5203; source_row=13243 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The ISB PGP is roughly a one-year program described by the ISB itself as distinct from and shorter than a two-year MBA; EDGE and the ISB's own marketing support that it is not equivalent to a U.S. master's degree, and the credential evaluations contained inaccuracies. The Kellogg dean's letter equates programs but not the credentials, and the ISB is not an accredited degree-granting institution.
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The ISB PGP is roughly a one-year program described by the ISB itself as distinct from and shorter than a two-year MBA; EDGE and the ISB's own marketing support that it is not equivalent to a U.S. master's degree, and the credential evaluations contained inaccuracies. The Kellogg dean's letter equates programs but not the credentials, and the ISB is not an accredited degree-granting institution.
Exact record locator: findings_long.parquet filename_stem=2011-10-04_02_B5203; source_row=13231 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
national interest substantially greater than U.S. worker
Why AAO was not persuaded
The petitioner consistently refused to pursue the national interest waiver and failed to demonstrate that his work as a self-employed attorney would serve the national interest to a substantially greater degree than available U.S. workers.
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The petitioner consistently refused to pursue the national interest waiver and failed to demonstrate that his work as a self-employed attorney would serve the national interest to a substantially greater degree than available U.S. workers.
Exact record locator: findings_long.parquet filename_stem=2011-10-04_05_B5203; source_row=13240 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets ETA Form 9089 minimum education requirements
Why AAO was not persuaded
Plain language of Part H lines 4, 4-B, 7, and 9 requires a master's degree (or foreign equivalent) in business administration, marketing, finance, or a related field, which the beneficiary does not have.
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Plain language of Part H lines 4, 4-B, 7, and 9 requires a master's degree (or foreign equivalent) in business administration, marketing, finance, or a related field, which the beneficiary does not have.
Exact record locator: findings_long.parquet filename_stem=2011-10-04_02_B5203; source_row=13232 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c