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.
10,847 decisions /36,849 findings
Showing 391–400
NIWNIW · Well positionedReservedAutomated extraction · broader context
Case facts
Finance
Issue evaluated
NIW · Well positioned
well-positioned to advance the proposed endeavor
What the decision said
AAO explicitly reserved determination on the second prong because the first prong failure was dispositive of the appeal.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO explicitly reserved determination on the second prong because the first prong failure was dispositive of the appeal.
Exact record locator: findings_long.parquet filename_stem=2025-06-03_02_B5203; source_row=44689 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot pursuedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
on balance, beneficial to waive the job offer requirement
What the decision said
The Petitioner did not raise specific objections to SCOPS' finding on the third prong either in response to the NOID or on the Form I-290B, so AAO deemed this prong waived on appeal.
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 Petitioner did not raise specific objections to SCOPS' finding on the third prong either in response to the NOID or on the Form I-290B, so AAO deemed this prong waived on appeal.
Exact record locator: findings_long.parquet filename_stem=2025-06-03_04_B5203; source_row=44696 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot pursuedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
well-positioned to advance the proposed endeavor
What the decision said
The Petitioner did not raise specific objections to SCOPS' finding on the second prong either in response to the NOID or on the Form I-290B, so AAO deemed this prong waived on appeal.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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The Petitioner did not raise specific objections to SCOPS' finding on the second prong either in response to the NOID or on the Form I-290B, so AAO deemed this prong waived on appeal.
Exact record locator: findings_long.parquet filename_stem=2025-06-03_04_B5203; source_row=44695 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that while the proposed endeavor falls within areas recognized as having potential merit (business, entrepreneurialism), the Petitioner failed to show the national importance of the endeavor.…
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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AAO found that while the proposed endeavor falls within areas recognized as having potential merit (business, entrepreneurialism), the Petitioner failed to show the national importance of the endeavor. SCOPS properly considered the full scope of the endeavor as described in the RFE response, and the Petitioner did not demonstrate that the endeavor's prospective impact rises to a level of national importance — i.e., broader field or national implications beyond her own consulting firm and clientele.
Exact record locator: findings_long.parquet filename_stem=2025-06-02_01_B5203; source_row=44679 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Intent to employ beneficiary in the DOL-certified offered job
Why AAO was not persuaded
The record shows the Petitioner promoted the Beneficiary to a new position (PCS 4) with a different title, higher wage, and increased experience requirements before filing the petition, demonstrating it did not intend to employ her in the DOL-certified PCS 3 job. Precedential decisions from the Ninth Circuit and BIA support revocation where the offered job departs from the labor certification's terms.…
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The record shows the Petitioner promoted the Beneficiary to a new position (PCS 4) with a different title, higher wage, and increased experience requirements before filing the petition, demonstrating it did not intend to employ her in the DOL-certified PCS 3 job. Precedential decisions from the Ninth Circuit and BIA support revocation where the offered job departs from the labor certification's terms. The USCIS policy and Q&A the Petitioner cited either have less legal authority than case law or address successor-in-interest situations inapplicable here.
Exact record locator: findings_long.parquet filename_stem=2025-06-02_03_B5203; source_row=44683 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets the offered job's experience requirements by priority date
Why AAO was not persuaded
The Beneficiary attested to approximately six years of qualifying pre-Petitioner experience by the priority date, while the new PCS 4 job requires eight years. Additionally, experience gained while working for the Petitioner cannot be counted under 20 C.F.R. § 656.17(i)(3) absent conditions not claimed. Therefore, the record fails to establish the Beneficiary meets the new position's experience requirements.
Why this is useful
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The Beneficiary attested to approximately six years of qualifying pre-Petitioner experience by the priority date, while the new PCS 4 job requires eight years. Additionally, experience gained while working for the Petitioner cannot be counted under 20 C.F.R. § 656.17(i)(3) absent conditions not claimed. Therefore, the record fails to establish the Beneficiary meets the new position's experience requirements.
Exact record locator: findings_long.parquet filename_stem=2025-06-02_03_B5203; source_row=44684 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Labor certification covers same or similar position without material change
What the decision said
AAO held that SCOPS applied the wrong legal standard—requiring identity rather than 'same or similar'—and withdrew the denial. However, AAO could not make a positive finding on the current record because the significant shift in management versus development responsibilities (20% to 50% management; 60% to 20% development), the absence of a prevailing wage determination, and the lack of job advertisements left open whether t…
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AAO held that SCOPS applied the wrong legal standard—requiring identity rather than 'same or similar'—and withdrew the denial. However, AAO could not make a positive finding on the current record because the significant shift in management versus development responsibilities (20% to 50% management; 60% to 20% development), the absence of a prevailing wage determination, and the lack of job advertisements left open whether the IT Manager role constitutes a materially different occupational classification.
Exact record locator: findings_long.parquet filename_stem=2025-06-02_02_B5203; source_row=44682 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Civil / Structural Engineering
Issue evaluated
NIW · Waiver on balance
on balance, beneficial to waive job offer requirement
Why AAO was not persuaded
AAO found the Petitioner failed to establish impracticality of obtaining a labor certification (his doctoral student position is temporary and he is qualified for permanent employment), failed to show the U.S. would benefit even if other qualified workers are available, and failed to show urgency warranting foregoing the labor certification process.…
Why this is useful
See which endeavor-specific facts mattered to the waiver analysis beyond a preference to self-petition.
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AAO found the Petitioner failed to establish impracticality of obtaining a labor certification (his doctoral student position is temporary and he is qualified for permanent employment), failed to show the U.S. would benefit even if other qualified workers are available, and failed to show urgency warranting foregoing the labor certification process. While STEM and critical/emerging technology factors weigh positively, they do not alone satisfy the third prong.
Exact record locator: findings_long.parquet filename_stem=2025-05-12_01_B5203; source_row=44678 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the social media follower counts and download numbers did not equate to sustained national or international acclaim, and the Petitioner had not shown her songs or shows achieved commercial success levels compared to other percussionists or singers in the salsa genre.
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AAO found the social media follower counts and download numbers did not equate to sustained national or international acclaim, and the Petitioner had not shown her songs or shows achieved commercial success levels compared to other percussionists or singers in the salsa genre.
Exact record locator: findings_long.parquet filename_stem=2025-05-12_01_B2203; source_row=44674 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination — sustained national or international acclaim
Why AAO was not persuaded
AAO found that while the Petitioner demonstrated musical talent and a unique performance style, the totality of the evidence did not show sustained national or international acclaim or that she has risen to the very top of the field.…
Why this is useful
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AAO found that while the Petitioner demonstrated musical talent and a unique performance style, the totality of the evidence did not show sustained national or international acclaim or that she has risen to the very top of the field. Awards lacked national/international recognition beyond presenting organizations; media coverage lacked transcripts and significance; judging was limited to one informal competition; contributions lacked major significance; performances did not generate documented acclaim; and social media metrics did not equate to the required level of acclaim.
Exact record locator: findings_long.parquet filename_stem=2025-05-12_01_B2203; source_row=44675 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c