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10,847 decisions /36,849 findings
Showing 4591–4600
NIWNIW · Waiver on balanceReservedAutomated extraction · broader context
Case facts
Business / ManagementBachelor’s
Issue evaluated
NIW · Waiver on balance
on balance, beneficial to the United States
What the decision said
AAO does not reach prong 3 in light of the remand.
Why this is useful
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AAO does not reach prong 3 in light of the remand.
Exact record locator: findings_long.parquet filename_stem=2024-05-31_01_B5203; source_row=37933 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceReservedAutomated extraction · broader context
Case facts
Business / ManagementBachelor’s
Issue evaluated
NIW · National importance
substantial merit and national importance
What the decision said
The director found substantial merit but concluded the endeavor lacked national importance based on the wrong (withdrawn-petition) endeavor. AAO does not reach prong 1 substantively and remands for the director to reconsider on the correct record.
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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The director found substantial merit but concluded the endeavor lacked national importance based on the wrong (withdrawn-petition) endeavor. AAO does not reach prong 1 substantively and remands for the director to reconsider on the correct record.
Exact record locator: findings_long.parquet filename_stem=2024-05-31_01_B5203; source_row=37931 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
meet at least three of six evidentiary criteria for exceptional ability
Why AAO was not persuaded
AAO found the Petitioner's appeal letters failed to tie any submitted evidence to any specific criterion under 8 C.F.R. § 204.5(k)(3)(ii), and the Petitioner also failed to identify any erroneous conclusion of law or fact in the Director's decision. No criterion was demonstrated met.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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AAO found the Petitioner's appeal letters failed to tie any submitted evidence to any specific criterion under 8 C.F.R. § 204.5(k)(3)(ii), and the Petitioner also failed to identify any erroneous conclusion of law or fact in the Director's decision. No criterion was demonstrated met.
Exact record locator: findings_long.parquet filename_stem=2024-05-31_05_B5203; source_row=37952 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found substantial merit established (potential for job creation and economic benefits to rural areas) but agreed with the Director that national importance was not demonstrated. The projected $254.7 million annual economic impact is a tiny fraction of the $640 million per day generated by foreign tourism to the U.S.…
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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 substantial merit established (potential for job creation and economic benefits to rural areas) but agreed with the Director that national importance was not demonstrated. The projected $254.7 million annual economic impact is a tiny fraction of the $640 million per day generated by foreign tourism to the U.S. in 2019, and the Petitioner failed to show the projects would help economically depressed areas or that his consulting services would deserve credit for all projected economic benefits.
Exact record locator: findings_long.parquet filename_stem=2024-05-30_07_B5203; source_row=37910 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
five years progressive post-baccalaureate specialty experience as master's degree equivalent
Why AAO was not persuaded
AAO found the record did not support the Director's conclusion. The non-profit job verification letter listed ten responsibilities with no mention of accounting, and the Petitioner's clearly accounting-related experience totaled less than four years — insufficient to meet the five-year threshold for a master's degree equivalent.
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AAO found the record did not support the Director's conclusion. The non-profit job verification letter listed ten responsibilities with no mention of accounting, and the Petitioner's clearly accounting-related experience totaled less than four years — insufficient to meet the five-year threshold for a master's degree equivalent.
Exact record locator: findings_long.parquet filename_stem=2024-05-30_05_B5203; source_row=37899 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the submitted evidence was general background on SMEs and did not address the Petitioner's specific proposed endeavor. Benefit to individual clients supports substantial merit (already conceded) but does not establish national importance. The Petitioner's speculation based on general background information did not meet the burden of showing broader implications and substantial positive economic effects.
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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 the submitted evidence was general background on SMEs and did not address the Petitioner's specific proposed endeavor. Benefit to individual clients supports substantial merit (already conceded) but does not establish national importance. The Petitioner's speculation based on general background information did not meet the burden of showing broader implications and substantial positive economic effects.
Exact record locator: findings_long.parquet filename_stem=2024-05-30_05_B5203; source_row=37896 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c