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 4621–4630
NIWten years experienceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
ten years experience
10 years of full-time experience
Why AAO was not persuaded
The Petitioner conceded on appeal that he lacked evidence of at least 10 years of full-time experience as a commercial pilot before the petition's filing.
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The Petitioner conceded on appeal that he lacked evidence of at least 10 years of full-time experience as a commercial pilot before the petition's filing.
Exact record locator: findings_long.parquet filename_stem=2024-05-30_06_B5203; source_row=37901 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Academic record (degree, diploma, certificate from institution of learning)
Why the evidence was persuasive
AAO found the Director erred by conflating the initial evidentiary threshold with the final merits exceptional ability determination. Under the plain language of the regulation, flight academy certificates in the petitioner's area of claimed exceptional ability satisfy criterion A.
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AAO found the Director erred by conflating the initial evidentiary threshold with the final merits exceptional ability determination. Under the plain language of the regulation, flight academy certificates in the petitioner's area of claimed exceptional ability satisfy criterion A.
Exact record locator: findings_long.parquet filename_stem=2024-05-30_06_B5203; source_row=37900 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Finance
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO found that the industry reports did not provide sufficient insight into the Petitioner's specific business plans or their prospective national impact. The professional and business plans used vague language and unsupported projections (e.g., hiring 16 people and generating $2 million in revenue by year five) that failed to demonstrate substantial positive economic effects at a national level.…
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AAO found that the industry reports did not provide sufficient insight into the Petitioner's specific business plans or their prospective national impact. The professional and business plans used vague language and unsupported projections (e.g., hiring 16 people and generating $2 million in revenue by year five) that failed to demonstrate substantial positive economic effects at a national level. Comparisons to Dhanasar's own teaching activities underscored that the Petitioner's training plans similarly lacked a showing of national-scale impact.
Exact record locator: findings_long.parquet filename_stem=2024-05-30_01_B5203; source_row=37884 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed that while the endeavor has substantial merit in business/entrepreneurialism, the Petitioner failed to demonstrate broader national implications. The impact on her clients does not translate to national importance, her reliance on the importance of the financial auditing field and small businesses misapplies Dhanasar, and the business plan's projected revenue and job creation figures lack sufficient explanation a…
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AAO agreed that while the endeavor has substantial merit in business/entrepreneurialism, the Petitioner failed to demonstrate broader national implications. The impact on her clients does not translate to national importance, her reliance on the importance of the financial auditing field and small businesses misapplies Dhanasar, and the business plan's projected revenue and job creation figures lack sufficient explanation and do not rise to national importance.
Exact record locator: findings_long.parquet filename_stem=2024-05-29_04_B5203; source_row=37872 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO agreed that while the Petitioner's endeavor has substantial merit, he failed to show national importance. The relevant inquiry is the specific proposed endeavor's potential prospective impact, not the overall importance of the industry.…
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AAO agreed that while the Petitioner's endeavor has substantial merit, he failed to show national importance. The relevant inquiry is the specific proposed endeavor's potential prospective impact, not the overall importance of the industry. The Petitioner's evidence and statements about broader industry trends and claims of national-level impact were not substantiated by sufficient evidence showing his company's activities would generate broader implications or substantial positive economic effects at a national scale.
Exact record locator: findings_long.parquet filename_stem=2024-05-29_07_B5203; source_row=37881 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO found the Petitioner's evidence addressed broad national initiatives and industry trends rather than the national importance of her specific proposed endeavor of providing fitness director services through her company in Florida. The expert letter emphasized the Petitioner's personal qualifications and impact on clients, not the broader impact on the field or U.S. economy required for national importance.
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AAO found the Petitioner's evidence addressed broad national initiatives and industry trends rather than the national importance of her specific proposed endeavor of providing fitness director services through her company in Florida. The expert letter emphasized the Petitioner's personal qualifications and impact on clients, not the broader impact on the field or U.S. economy required for national importance.
Exact record locator: findings_long.parquet filename_stem=2024-05-29_03_B5203; source_row=37869 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO rejected the due process arguments as factually incorrect and unsupported. Petitioner's reliance on personal experience misapplies prong 1 (which focuses on the endeavor's prospective impact), and general evidence about immigrant/entrepreneur economic contributions did not address his specific endeavor.
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AAO rejected the due process arguments as factually incorrect and unsupported. Petitioner's reliance on personal experience misapplies prong 1 (which focuses on the endeavor's prospective impact), and general evidence about immigrant/entrepreneur economic contributions did not address his specific endeavor.
Exact record locator: findings_long.parquet filename_stem=2024-05-29_02_B5203; source_row=37866 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Commanding a high salary or other remuneration demonstrating exceptional ability
Why AAO was not persuaded
Despite being advised in an RFE to submit comparative salary evidence, the Petitioner did not provide documentation of comparable salaries or otherwise show his salary was higher than others in his field as a result of exceptional ability. The burden is on the Petitioner to support assertions with relevant, probative, and credible evidence.
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Despite being advised in an RFE to submit comparative salary evidence, the Petitioner did not provide documentation of comparable salaries or otherwise show his salary was higher than others in his field as a result of exceptional ability. The burden is on the Petitioner to support assertions with relevant, probative, and credible evidence.
Exact record locator: findings_long.parquet filename_stem=2024-05-29_01_B5203; source_row=37856 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Because the master's degree was earned in June 2023 and the petition was filed in May 2022, the degree post-dates the filing and cannot establish eligibility, which must be demonstrated at the time of filing.
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Because the master's degree was earned in June 2023 and the petition was filed in May 2022, the degree post-dates the filing and cannot establish eligibility, which must be demonstrated at the time of filing.
Exact record locator: findings_long.parquet filename_stem=2024-05-29_01_B5203; source_row=37851 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c