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The Petitioner did not challenge the Director's EB-2 denial on appeal, addressing only the NIW prongs. AAO held this constitutes a waiver/abandonment of the issue under Matter of Pougatchev.
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The Petitioner did not challenge the Director's EB-2 denial on appeal, addressing only the NIW prongs. AAO held this constitutes a waiver/abandonment of the issue under Matter of Pougatchev.
Exact record locator: findings_long.parquet filename_stem=2024-04-02_05_B5203; source_row=36743 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot addressedAutomated extraction · broader context
Case facts
Computer Science / AI
Issue evaluated
NIW · Well positioned
Well-positioned to advance the proposed endeavor
What the decision said
AAO noted the Director's internally contradictory treatment of prong 2 (RFE vs. denial decision) but did not resolve the prong, remanding for a coherent analysis.
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AAO noted the Director's internally contradictory treatment of prong 2 (RFE vs. denial decision) but did not resolve the prong, remanding for a coherent analysis.
Exact record locator: findings_long.parquet filename_stem=2024-04-02_03_B5203; source_row=36741 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot addressedAutomated extraction · broader context
Case facts
Computer Science / AI
Issue evaluated
NIW · National importance
Substantial merit and national importance
What the decision said
AAO noted the Director found substantial merit (with which AAO agreed), but found the Director's national importance analysis was incoherent—mixing in third-prong and second-prong considerations—and failed to explain the basis for the national importance denial. AAO remanded without reaching a conclusion on this prong.
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AAO noted the Director found substantial merit (with which AAO agreed), but found the Director's national importance analysis was incoherent—mixing in third-prong and second-prong considerations—and failed to explain the basis for the national importance denial. AAO remanded without reaching a conclusion on this prong.
Exact record locator: findings_long.parquet filename_stem=2024-04-02_03_B5203; source_row=36740 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
What the decision said
AAO reserves this prong under Bagamasbad because prong 2 is dispositive, while noting significant doubts about whether the proposed endeavor was expressed consistently.
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AAO reserves this prong under Bagamasbad because prong 2 is dispositive, while noting significant doubts about whether the proposed endeavor was expressed consistently.
Exact record locator: findings_long.parquet filename_stem=2024-04-02_08_B5203; source_row=36753 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot addressedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
well positioned to advance the proposed endeavor
What the decision said
AAO did not disturb the Director's favorable finding on this prong and noted that evidence of being well positioned does not establish national importance.
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AAO did not disturb the Director's favorable finding on this prong and noted that evidence of being well positioned does not establish national importance.
Exact record locator: findings_long.parquet filename_stem=2024-04-02_07_B5203; source_row=36751 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
At least three of six exceptional ability criteria (8 C.F.R. § 204.5(k)(3)(ii))
Why the evidence was persuasive
AAO found the Director erred in denying criterion C (license or certification) because the Petitioner had provided such documentation with his initial filing, thus the Petitioner satisfied at least three criteria.
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AAO found the Director erred in denying criterion C (license or certification) because the Petitioner had provided such documentation with his initial filing, thus the Petitioner satisfied at least three criteria.
Exact record locator: findings_long.parquet filename_stem=2024-04-02_01_B5203; source_row=36731 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Advanced degree or equivalent (bachelor's + 5 years post-baccalaureate progressive experience)
Why AAO was not persuaded
AAO agreed the Petitioner failed to establish the required post-baccalaureate experience. The business plan was not probative evidence under the regulation; the credentials evaluation relied on the Petitioner's resume rather than proper employer letters; and post-filing experience cannot be counted.
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AAO agreed the Petitioner failed to establish the required post-baccalaureate experience. The business plan was not probative evidence under the regulation; the credentials evaluation relied on the Petitioner's resume rather than proper employer letters; and post-filing experience cannot be counted.
Exact record locator: findings_long.parquet filename_stem=2024-04-02_01_B5203; source_row=36730 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c