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.
foreign equivalent baccalaureate plus five years progressive post-baccalaureate experience
Why the evidence was persuasive
The AAO accepted the AACRAO-member credential evaluation and concluded the beneficiary's foreign Bachelor of Engineering is equivalent to a U.S. baccalaureate. The AAO found the notarized supervisor letter from Tata Consultancy and the Prudent Technologies letter sufficient, and corrected the director's reasoning regarding Verizon (the beneficiary worked for Tata while doing consulting for Verizon, so Verizon need not have…
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The AAO accepted the AACRAO-member credential evaluation and concluded the beneficiary's foreign Bachelor of Engineering is equivalent to a U.S. baccalaureate. The AAO found the notarized supervisor letter from Tata Consultancy and the Prudent Technologies letter sufficient, and corrected the director's reasoning regarding Verizon (the beneficiary worked for Tata while doing consulting for Verizon, so Verizon need not have been separately listed on the ETA 9089).
Exact record locator: findings_long.parquet filename_stem=2011-09-15_04_B5203; source_row=13156 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets the requirements stated on ETA Form 9089
Why the evidence was persuasive
Reading the ETA Form 9089 as a whole, the AAO concluded the beneficiary's foreign-equivalent baccalaureate and more-than-five-years of qualifying experience satisfy the certified requirements at Part H lines 4, 9, and 10.
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Reading the ETA Form 9089 as a whole, the AAO concluded the beneficiary's foreign-equivalent baccalaureate and more-than-five-years of qualifying experience satisfy the certified requirements at Part H lines 4, 9, and 10.
Exact record locator: findings_long.parquet filename_stem=2011-09-15_04_B5203; source_row=13157 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Continuing ability to pay proffered wage from priority date
Why the evidence was persuasive
The AAO found that although the beneficiary was not paid the full proffered wage in 2008, 2009, or 2010, the petitioner's net income in each of those years (ranging from approximately $857,000 to $1.1 million) vastly exceeded the shortfall in each year, establishing the ability to pay. The unaudited financial statements were not relied upon as they lack the required audit.
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The AAO found that although the beneficiary was not paid the full proffered wage in 2008, 2009, or 2010, the petitioner's net income in each of those years (ranging from approximately $857,000 to $1.1 million) vastly exceeded the shortfall in each year, establishing the ability to pay. The unaudited financial statements were not relied upon as they lack the required audit.
Exact record locator: findings_long.parquet filename_stem=2011-09-15_01_B5203; source_row=13153 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or foreign equivalent (bachelor's + 5 years progressive experience)
Why the evidence was persuasive
AAO concluded that the combined three-year bachelor's plus two-year master's equate to a U.S. baccalaureate per EDGE, and the beneficiary documented more than five years of progressive post-baccalaureate experience as of the April 15, 2008 priority date.
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AAO concluded that the combined three-year bachelor's plus two-year master's equate to a U.S. baccalaureate per EDGE, and the beneficiary documented more than five years of progressive post-baccalaureate experience as of the April 15, 2008 priority date.
Exact record locator: findings_long.parquet filename_stem=2011-09-13_02_B5203; source_row=13151 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets ETA Form 9089 minimum requirements
Why the evidence was persuasive
Reading the labor certification's plain language, the AAO concluded the beneficiary meets the alternative bachelor's-plus-five-years requirement, and a foreign educational equivalent is expressly acceptable.
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Reading the labor certification's plain language, the AAO concluded the beneficiary meets the alternative bachelor's-plus-five-years requirement, and a foreign educational equivalent is expressly acceptable.
Exact record locator: findings_long.parquet filename_stem=2011-09-13_02_B5203; source_row=13152 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the petitioner's publication record, citation history (only one well-cited article at filing), postdoctoral-level roles, and evidence as a whole did not demonstrate that she had risen to the very top of her field. The much more impressive credentials of her own references illustrated that the very top of the field was above her level of achievement.
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The AAO found that the petitioner's publication record, citation history (only one well-cited article at filing), postdoctoral-level roles, and evidence as a whole did not demonstrate that she had risen to the very top of her field. The much more impressive credentials of her own references illustrated that the very top of the field was above her level of achievement.
Exact record locator: findings_long.parquet filename_stem=2011-09-12_02_B2203; source_row=13145 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot established
Case facts
Biomedical / Life Sciences
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
The AAO found that expert letters failed to provide specific examples of how the petitioner's findings were being widely applied; citation counts were modest (most articles cited fewer than ten times at filing); future impact speculated by references is not sufficient since eligibility is assessed at filing; and even the best-cited article represents at most a single contribution, while the regulation requires plural contri…
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Distinguish original work from evidence that the contribution had major significance across the field.
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The AAO found that expert letters failed to provide specific examples of how the petitioner's findings were being widely applied; citation counts were modest (most articles cited fewer than ten times at filing); future impact speculated by references is not sufficient since eligibility is assessed at filing; and even the best-cited article represents at most a single contribution, while the regulation requires plural contributions of major significance.
Exact record locator: findings_long.parquet filename_stem=2011-09-12_02_B2203; source_row=13143 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Advanced degree or equivalent (baccalaureate + 5 years post-baccalaureate progressive experience)
Why AAO was not persuaded
The regulation requires that five years of progressive experience 'follow' the bachelor's degree. The beneficiary's documented experience ran from 1999 to October 2005, while her degree was not completed until December 2005, making it mathematically impossible to have five years of post-baccalaureate experience before the April 2008 priority date.…
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The regulation requires that five years of progressive experience 'follow' the bachelor's degree. The beneficiary's documented experience ran from 1999 to October 2005, while her degree was not completed until December 2005, making it mathematically impossible to have five years of post-baccalaureate experience before the April 2008 priority date. Furthermore, experience concurrent with or prior to earning a bachelor's degree is not professional experience.
Exact record locator: findings_long.parquet filename_stem=2011-09-12_05_B5203; source_row=13149 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The ETA Form 9089 required a master's degree in chemistry or a bachelor's degree plus five years of progressive experience. The beneficiary holds only a foreign bachelor's equivalent and lacks five years of post-baccalaureate experience before the priority date, so she does not satisfy either alternative.
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The ETA Form 9089 required a master's degree in chemistry or a bachelor's degree plus five years of progressive experience. The beneficiary holds only a foreign bachelor's equivalent and lacks five years of post-baccalaureate experience before the priority date, so she does not satisfy either alternative.
Exact record locator: findings_long.parquet filename_stem=2011-09-12_05_B5203; source_row=13150 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c