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AAO explicitly declined to reach this issue under Bagamasbad because the Petitioner failed to establish the national importance of the proposed endeavor, making further analysis unnecessary.
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AAO explicitly declined to reach this issue under Bagamasbad because the Petitioner failed to establish the national importance of the proposed endeavor, making further analysis unnecessary.
Exact record locator: findings_long.parquet filename_stem=2024-07-18_06_B5203; source_row=39185 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationEstablishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
EB-1A · High remuneration
high salary or significantly high remuneration
Why the evidence was persuasive
AAO on reconsideration found the key discrepancy in the 2021 tax documents was caused by a translation error — the payment appears consistently in all Chinese-language originals but was missing from one English translation. With that error corrected and corroborating tax documents in the record, the Petitioner met the preponderance standard for this criterion.
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AAO on reconsideration found the key discrepancy in the 2021 tax documents was caused by a translation error — the payment appears consistently in all Chinese-language originals but was missing from one English translation. With that error corrected and corroborating tax documents in the record, the Petitioner met the preponderance standard for this criterion.
Exact record locator: findings_long.parquet filename_stem=2024-07-18_02_B2203; source_row=39166 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the endeavor has substantial merit but found the record fails to show national importance. Petitioner did not develop BASC standards, the support letters did not address his specific endeavor's broader impact, and the submitted articles addressed the importance of issues generally rather than his specific endeavor.
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AAO agreed the endeavor has substantial merit but found the record fails to show national importance. Petitioner did not develop BASC standards, the support letters did not address his specific endeavor's broader impact, and the submitted articles addressed the importance of issues generally rather than his specific endeavor.
Exact record locator: findings_long.parquet filename_stem=2024-07-17_05_B5203; source_row=39112 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the endeavor has substantial merit but found the petitioner did not show his work would extend beyond individual clients to impact the field more broadly, nor demonstrated significant potential to employ U.S. workers or have substantial positive economic effects.
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AAO agreed the endeavor has substantial merit but found the petitioner did not show his work would extend beyond individual clients to impact the field more broadly, nor demonstrated significant potential to employ U.S. workers or have substantial positive economic effects.
Exact record locator: findings_long.parquet filename_stem=2024-07-17_07_B5203; source_row=39118 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed the endeavor had substantial merit but found the Petitioner failed to establish national importance. Arguments about the veterinary and equine industries' overall importance did not demonstrate how her specific clinic would have broader national impact beyond its immediate clientele. Employment of one to five workers and modest projected profits did not demonstrate significant economic effects at the national level.
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AAO agreed the endeavor had substantial merit but found the Petitioner failed to establish national importance. Arguments about the veterinary and equine industries' overall importance did not demonstrate how her specific clinic would have broader national impact beyond its immediate clientele. Employment of one to five workers and modest projected profits did not demonstrate significant economic effects at the national level.
Exact record locator: findings_long.parquet filename_stem=2024-07-17_10_B5203; source_row=39132 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO concurred with the Director that the Petitioner failed to submit a bachelor's degree or foreign equivalent degree, and noted that experience, training, or education cannot be substituted for that requirement. The Petitioner did not contest this finding.
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AAO concurred with the Director that the Petitioner failed to submit a bachelor's degree or foreign equivalent degree, and noted that experience, training, or education cannot be substituted for that requirement. The Petitioner did not contest this finding.
Exact record locator: findings_long.parquet filename_stem=2024-07-17_14_B5203; source_row=39148 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the two-year licentiate degree is not equivalent to a U.S. bachelor's degree per EDGE, and the unsourced '3-for-1 Rule' in the evaluation has no regulatory basis. Without establishing a bachelor's degree or foreign equivalent, the Petitioner cannot qualify as an advanced degree professional.
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AAO found the two-year licentiate degree is not equivalent to a U.S. bachelor's degree per EDGE, and the unsourced '3-for-1 Rule' in the evaluation has no regulatory basis. Without establishing a bachelor's degree or foreign equivalent, the Petitioner cannot qualify as an advanced degree professional.
Exact record locator: findings_long.parquet filename_stem=2024-07-17_03_B5203; source_row=39107 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
well positioned to advance the proposed endeavor
Why AAO was not persuaded
AAO withdrew the Director's finding, concluding that education and skills alone are insufficient and that the letters spoke to job duties rather than a record of success in similar efforts, speaking engagements in unrelated fields (lupus, neurology) did not show connection to the radiology endeavor, and financial interest evidence was not persuasive as to investment support for the proposed endeavor.
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AAO withdrew the Director's finding, concluding that education and skills alone are insufficient and that the letters spoke to job duties rather than a record of success in similar efforts, speaking engagements in unrelated fields (lupus, neurology) did not show connection to the radiology endeavor, and financial interest evidence was not persuasive as to investment support for the proposed endeavor.
Exact record locator: findings_long.parquet filename_stem=2024-07-17_06_B5203; source_row=39116 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c