Source-backed decision research

Explore how AAO evaluates evidence.

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.

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10,847 decisions / 36,849 findings

Showing 24261–24270

NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context

Case facts

OtherBachelor’s

Issue evaluated

NIW · Waiver on balance

national interest substantially greater than available U.S. worker

Why AAO was not persuaded

The inability to obtain a labor certification due to self-employment does not constitute a basis for the waiver. The petitioner must still demonstrate that she will serve the national interest to a substantially greater degree than available U.S. workers with the same minimum qualifications, which she has not done.

Why this is useful

See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.

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The inability to obtain a labor certification due to self-employment does not constitute a basis for the waiver. The petitioner must still demonstrate that she will serve the national interest to a substantially greater degree than available U.S. workers with the same minimum qualifications, which she has not done.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_02_B5203; source_row=13176
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · EB-2 baselineNot establishedAutomated extraction · broader context

Case facts

OtherBachelor’s

Issue evaluated

NIW · EB-2 baseline

foreign degree equivalent to U.S. baccalaureate

Why AAO was not persuaded

The AAO rejected both credential evaluations as unreliable. The first evaluator did not explain her methodology, and the second evaluator's conclusion that every three-year degree equals a four-year U.S. degree was not supported by the sources he cited, which called for case-by-case analysis. Neither evaluator demonstrated expertise in Peruvian educational credentials specifically.

Why this is useful

Use the reasoning to identify the specific factual or documentary gap AAO considered material.

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The AAO rejected both credential evaluations as unreliable. The first evaluator did not explain her methodology, and the second evaluator's conclusion that every three-year degree equals a four-year U.S. degree was not supported by the sources he cited, which called for case-by-case analysis. Neither evaluator demonstrated expertise in Peruvian educational credentials specifically.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_02_B5203; source_row=13179
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

other

ability to pay proffered wage from priority date

Why AAO was not persuaded

Wages paid were below the proffered amount for 2004–2006; net income and net current assets were insufficient to cover the shortfall in those years; the owner's personal guarantee was legally impermissible; and the Sonegawa totality-of-circumstances analysis did not save the petition given no evidence of outstanding business reputation or uncharacteristic losses. The petitioner did have sufficient net income for 2007.

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Use the reasoning to identify the specific factual or documentary gap AAO considered material.

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Wages paid were below the proffered amount for 2004–2006; net income and net current assets were insufficient to cover the shortfall in those years; the owner's personal guarantee was legally impermissible; and the Sonegawa totality-of-circumstances analysis did not save the petition given no evidence of outstanding business reputation or uncharacteristic losses. The petitioner did have sufficient net income for 2007.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_04_B5203; source_row=13183
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

other

beneficiary meets minimum qualifications stated on labor certification

Why AAO was not persuaded

The AAO raised this ground independently on appeal. Work experience letters were inadequate for failing to describe job duties or specify employment dates, and some referenced employers not listed on the Form ETA 750, diminishing their credibility. The one letter that was sufficient only covered August 2003 to March 2004, well short of the required three years.

Why this is useful

Use the reasoning to identify the specific factual or documentary gap AAO considered material.

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The AAO raised this ground independently on appeal. Work experience letters were inadequate for failing to describe job duties or specify employment dates, and some referenced employers not listed on the Form ETA 750, diminishing their credibility. The one letter that was sufficient only covered August 2003 to March 2004, well short of the required three years.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_04_B5203; source_row=13184
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

other

Beneficiary meets minimum education requirement on labor certification

Why AAO was not persuaded

The ETA Form 9089 must be read as a whole: line H4 requires a bachelor's degree in computer science, mathematics, or engineering, and line H9 explicitly states no foreign educational equivalent is acceptable. The beneficiary's Indian master's degree equates only to a U.S. bachelor's, not an actual U.S. bachelor's degree. The petitioner's intent cannot override the plain language of the certified form.

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 must be read as a whole: line H4 requires a bachelor's degree in computer science, mathematics, or engineering, and line H9 explicitly states no foreign educational equivalent is acceptable. The beneficiary's Indian master's degree equates only to a U.S. bachelor's, not an actual U.S. bachelor's degree. The petitioner's intent cannot override the plain language of the certified form.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_05_B5203; source_row=13185
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · EB-2 baselineEstablishedAutomated extraction · broader context

Case facts

Business / Management

Issue evaluated

NIW · EB-2 baseline

Five years of progressive post-bachelor's experience (master's equivalency)

Why the evidence was persuasive

AAO found that the two employer letters established at least five years of progressive experience in the specialty after the beneficiary's bachelor's equivalent degree and prior to the priority date, satisfying 8 C.F.R. § 204.5(g)(1).

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AAO found that the two employer letters established at least five years of progressive experience in the specialty after the beneficiary's bachelor's equivalent degree and prior to the priority date, satisfying 8 C.F.R. § 204.5(g)(1).
Exact record locator: findings_long.parquet filename_stem=2011-09-27_03_B5203; source_row=13181
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWotherNot establishedAutomated extraction · broader context

Case facts

Business / Management

Issue evaluated

other

Beneficiary meets labor certification job requirements (master's degree + 5 years experience)

Why AAO was not persuaded

AAO determined that since the beneficiary lacks a master's degree, the five years of progressive experience used to establish educational equivalency cannot also satisfy the labor certification's separate requirement for five years of experience in the job offered. The remaining experience does not meet the labor certification's specific skills requirements in Line 14.

Why this is useful

Use the reasoning to identify the specific factual or documentary gap AAO considered material.

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AAO determined that since the beneficiary lacks a master's degree, the five years of progressive experience used to establish educational equivalency cannot also satisfy the labor certification's separate requirement for five years of experience in the job offered. The remaining experience does not meet the labor certification's specific skills requirements in Line 14.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_03_B5203; source_row=13182
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
EB-1AEB-1A · AwardsNot pursuedAutomated extraction · broader context

Case facts

Computer Science / AI

Issue evaluated

EB-1A · Awards

awards

What the decision said

Petitioner expressly stated he agrees with the director's decision on this criterion; AAO considers it abandoned on appeal.

Why this is useful

Use the reasoning to identify the specific factual or documentary gap AAO considered material.

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Petitioner expressly stated he agrees with the director's decision on this criterion; AAO considers it abandoned on appeal.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_01_B2203; source_row=13163
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · National importanceNot establishedAutomated extraction · broader context

Case facts

OtherBachelor’s

Issue evaluated

NIW · National importance

substantial intrinsic merit

Why AAO was not persuaded

The petitioner did not establish the impact of the book series. The books are self-published, national availability does not imply significant sales, and the recommendation letters praised the petitioner's skill without distinguishing her from other graphic designers. The paid book review and online customer reviews did not establish significant influence.

Why this is useful

Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.

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The petitioner did not establish the impact of the book series. The books are self-published, national availability does not imply significant sales, and the recommendation letters praised the petitioner's skill without distinguishing her from other graphic designers. The paid book review and online customer reviews did not establish significant influence.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_02_B5203; source_row=13174
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
NIWNIW · Well positionedNot establishedAutomated extraction · broader context

Case facts

OtherBachelor’s

Issue evaluated

NIW · Well positioned

national in scope

Why AAO was not persuaded

Mere availability of the books through national retailers does not establish national impact or influence. Speculation about future popularity based on soccer's general appeal cannot substitute for evidence of actual national benefit.

Why this is useful

Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.

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Mere availability of the books through national retailers does not establish national impact or influence. Speculation about future popularity based on soccer's general appeal cannot substitute for evidence of actual national benefit.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_02_B5203; source_row=13175
Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Open source dataset ↗
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