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adequacy of NOIR and revocation decision under 8 C.F.R. § 205.2(c) and Matter of Ho
Why AAO was not persuaded
AAO concluded the Director failed to specifically identify the organizations and work experience at issue, did not explain how the verification failures made the Petitioner ineligible for EB-2 classification or defeated the forward-looking proposed endeavor, did not address rebuttal arguments, and did not conduct a substantive Dhanasar analysis.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO concluded the Director failed to specifically identify the organizations and work experience at issue, did not explain how the verification failures made the Petitioner ineligible for EB-2 classification or defeated the forward-looking proposed endeavor, did not address rebuttal arguments, and did not conduct a substantive Dhanasar analysis.
Exact record locator: findings_long.parquet filename_stem=2024-10-01_02_B5203; source_row=41153 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
What the decision said
AAO reserved this criterion under Bagamasbad because the dispositive issue was the step-2 final merits determination. In its step-2 discussion, AAO noted the record shows contributions of significance to employers but not of major significance in the broader field, and that projects discussed on appeal appeared unrelated to art, theatre, and film production.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO reserved this criterion under Bagamasbad because the dispositive issue was the step-2 final merits determination. In its step-2 discussion, AAO noted the record shows contributions of significance to employers but not of major significance in the broader field, and that projects discussed on appeal appeared unrelated to art, theatre, and film production.
Exact record locator: findings_long.parquet filename_stem=2024-10-01_01_B2203; source_row=41136 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
Published material about the alien in professional or major trade publications or media
Why the evidence was persuasive
The Director and AAO both found the criterion satisfied at the plain-language level. However, AAO noted at step 2 that the published materials were limited to 2023 and 2024, shortly before filing, and thus did not demonstrate sustained acclaim over a long period.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The Director and AAO both found the criterion satisfied at the plain-language level. However, AAO noted at step 2 that the published materials were limited to 2023 and 2024, shortly before filing, and thus did not demonstrate sustained acclaim over a long period.
Exact record locator: findings_long.parquet filename_stem=2024-10-01_01_B2203; source_row=41134 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Leading / critical role
Performance of a leading or critical role for organizations or establishments with a distinguished reputation
Why the evidence was persuasive
The Director and AAO both found criterion (viii) satisfied at the plain-language level. However, AAO noted at step 2 that the evidence appeared limited to 2014, without showing sustained acclaim thereafter.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The Director and AAO both found criterion (viii) satisfied at the plain-language level. However, AAO noted at step 2 that the evidence appeared limited to 2014, without showing sustained acclaim thereafter.
Exact record locator: findings_long.parquet filename_stem=2024-10-01_01_B2203; source_row=41139 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
High salary or other significantly high remuneration in relation to others in the field
What the decision said
AAO reserved this criterion under Bagamasbad because the dispositive issue was the step-2 final merits determination. In its step-2 discussion, AAO noted the record lacks probative evidence of salaries of others in the field, so the criterion is not satisfied.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO reserved this criterion under Bagamasbad because the dispositive issue was the step-2 final merits determination. In its step-2 discussion, AAO noted the record lacks probative evidence of salaries of others in the field, so the criterion is not satisfied.
Exact record locator: findings_long.parquet filename_stem=2024-10-01_01_B2203; source_row=41140 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Major awardNot pursuedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Major award
One-time major internationally recognized award
What the decision said
The Director found the record does not establish the Petitioner received a one-time achievement of a major, internationally recognized award. The Petitioner did not contest this on appeal.
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The Director found the record does not establish the Petitioner received a one-time achievement of a major, internationally recognized award. The Petitioner did not contest this on appeal.
Exact record locator: findings_long.parquet filename_stem=2024-10-01_01_B2203; source_row=41131 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Authorship of scholarly articles in professional or major trade publications or media
Why the evidence was persuasive
The Director and AAO both found criterion (vi) satisfied at the plain-language level based on one article published in 1990. However, AAO noted at step 2 that a single article, with no evidence of citations by others, did not demonstrate sustained acclaim over the intervening decades.
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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The Director and AAO both found criterion (vi) satisfied at the plain-language level based on one article published in 1990. However, AAO noted at step 2 that a single article, with no evidence of citations by others, did not demonstrate sustained acclaim over the intervening decades.
Exact record locator: findings_long.parquet filename_stem=2024-10-01_01_B2203; source_row=41137 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
AAO agreed that the support letters were not corroborated by independent objective evidence showing the Petitioner's work had meaningfully advanced the field, that citation percentile comparisons were of limited probative value without also showing widespread commentary or comparable impact to recognized major contributions, and that a DoD funding grant principally funds future research rather than recognizing past contribu…
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
View full reasoning +
AAO agreed that the support letters were not corroborated by independent objective evidence showing the Petitioner's work had meaningfully advanced the field, that citation percentile comparisons were of limited probative value without also showing widespread commentary or comparable impact to recognized major contributions, and that a DoD funding grant principally funds future research rather than recognizing past contributions of major significance.
Exact record locator: findings_long.parquet filename_stem=2024-09-30_02_B2203; source_row=41058 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner's field is not in the arts, and the regulation expressly requires display at artistic exhibitions or showcases. Providing fight sports instruction to a group of students does not equate to display of work at artistic exhibitions or showcases.
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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 field is not in the arts, and the regulation expressly requires display at artistic exhibitions or showcases. Providing fight sports instruction to a group of students does not equate to display of work at artistic exhibitions or showcases.
Exact record locator: findings_long.parquet filename_stem=2024-09-30_04_B2203; source_row=41078 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Documents from KFB's website and the OHCF letter describe events, activities, and objectives but do not establish that membership criteria rise to the level of outstanding achievements judged by recognized national or international experts.
Why this is useful
Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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Documents from KFB's website and the OHCF letter describe events, activities, and objectives but do not establish that membership criteria rise to the level of outstanding achievements judged by recognized national or international experts.
Exact record locator: findings_long.parquet filename_stem=2024-09-30_04_B2203; source_row=41075 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c