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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
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EB-1AEB-1A · Published materialNot pursuedAutomated extraction · broader context
Case facts
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Issue evaluated
EB-1A · Published material
published material about the alien
What the decision said
On appeal, counsel did not contest the director's decision or offer additional arguments, so the AAO considered this issue abandoned.
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On appeal, counsel did not contest the director's decision or offer additional arguments, so the AAO considered this issue abandoned.
Exact record locator: findings_long.parquet filename_stem=2011-07-29_02_B2203; source_row=13073 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
ETA Form 9089 must demonstrate the job requires an advanced degree or exceptional ability
Why AAO was not persuaded
The alternate combination of a high school education plus 18 years of experience does not equate to an advanced degree under 8 C.F.R. § 204.5(k)(2), so the labor cert does not support EB-2 classification.
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The alternate combination of a high school education plus 18 years of experience does not equate to an advanced degree under 8 C.F.R. § 204.5(k)(2), so the labor cert does not support EB-2 classification.
Exact record locator: findings_long.parquet filename_stem=2011-07-28_02_B5203; source_row=13057 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary's knowledge of office computer software per H.14
Why AAO was not persuaded
AAO raises this ground sua sponte under its de novo authority; record contains no evidence corroborating the required computer software knowledge as of the priority date.
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AAO raises this ground sua sponte under its de novo authority; record contains no evidence corroborating the required computer software knowledge as of the priority date.
Exact record locator: findings_long.parquet filename_stem=2011-07-28_02_B5203; source_row=13059 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses advanced degree or equivalent
Why AAO was not persuaded
The beneficiary's three-year Bachelor of Commerce is not the foreign equivalent of a U.S. baccalaureate, and combining work experience with a three-year degree does not satisfy the regulatory requirement of a single foreign equivalent degree.
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The beneficiary's three-year Bachelor of Commerce is not the foreign equivalent of a U.S. baccalaureate, and combining work experience with a three-year degree does not satisfy the regulatory requirement of a single foreign equivalent degree.
Exact record locator: findings_long.parquet filename_stem=2011-07-28_01_B5203; source_row=13056 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Labor certification job requirements demonstrate need for advanced degree professional
Why AAO was not persuaded
Because Part H.14 allows a three-year bachelor's plus nine years of experience, and a three-year foreign degree is not the equivalent of a U.S. baccalaureate, the job as certified does not require an advanced degree professional.
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Because Part H.14 allows a three-year bachelor's plus nine years of experience, and a three-year foreign degree is not the equivalent of a U.S. baccalaureate, the job as certified does not require an advanced degree professional.
Exact record locator: findings_long.parquet filename_stem=2011-07-28_01_B5203; source_row=13055 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
job offer requires a professional holding an advanced degree
Why AAO was not persuaded
The labor certification's stated minimum requirement of a bachelor's degree plus three years of experience does not equate to an advanced degree requirement, and the petitioner cannot retroactively convert the petition to a different classification on appeal.
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The labor certification's stated minimum requirement of a bachelor's degree plus three years of experience does not equate to an advanced degree requirement, and the petitioner cannot retroactively convert the petition to a different classification on appeal.
Exact record locator: findings_long.parquet filename_stem=2011-07-27_03_B5203; source_row=13049 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Because counsel failed to specifically identify any erroneous conclusion of law or statement of fact and submitted no further evidence, AAO summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v).
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Because counsel failed to specifically identify any erroneous conclusion of law or statement of fact and submitted no further evidence, AAO summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v).
Exact record locator: findings_long.parquet filename_stem=2011-07-27_05_B5203; source_row=13054 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner failed to submit audited financial statements, federal tax returns, or annual reports. The only evidence submitted was an unaudited profit & loss statement, which is not persuasive as it is based on management representations. No evidence of wages actually paid to the beneficiary was submitted.
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The petitioner failed to submit audited financial statements, federal tax returns, or annual reports. The only evidence submitted was an unaudited profit & loss statement, which is not persuasive as it is based on management representations. No evidence of wages actually paid to the beneficiary was submitted.
Exact record locator: findings_long.parquet filename_stem=2011-07-27_02_B5203; source_row=13047 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found the director erred by relying on state licensing requirements. Based on DOL's O*NET Job Zone Five classification for physical therapists—indicating that most require graduate-level education and 51% hold master's degrees—and the beneficiary's U.S. master's degree, the position properly qualifies as an advanced degree professional position.
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The AAO found the director erred by relying on state licensing requirements. Based on DOL's O*NET Job Zone Five classification for physical therapists—indicating that most require graduate-level education and 51% hold master's degrees—and the beneficiary's U.S. master's degree, the position properly qualifies as an advanced degree professional position.
Exact record locator: findings_long.parquet filename_stem=2011-07-27_02_B5203; source_row=13048 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c