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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.
EB-2 underlying classification (advanced degree or exceptional ability)
What the decision said
AAO deemed the EB-2 threshold issue abandoned because the petitioner did not address the Director's finding on appeal. AAO also noted independently that the academic record appears insufficient to establish a foreign equivalent of a U.S. bachelor's degree.
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AAO deemed the EB-2 threshold issue abandoned because the petitioner did not address the Director's finding on appeal. AAO also noted independently that the academic record appears insufficient to establish a foreign equivalent of a U.S. bachelor's degree.
Exact record locator: findings_long.parquet filename_stem=2023-11-20_06_B5203; source_row=34604 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Advanced degree equivalent qualification (bachelor's + 5 years progressive experience)
Why AAO was not persuaded
AAO found unresolved inconsistencies between employment letters, Form ETA-750B, and a prior nonimmigrant visa application; insufficient duty descriptions; no clear specialty; and an unexplained discrepancy between the 2011 graduation date and the 2017 diploma issuance date, all precluding a finding that the Petitioner qualifies for EB-2.
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AAO found unresolved inconsistencies between employment letters, Form ETA-750B, and a prior nonimmigrant visa application; insufficient duty descriptions; no clear specialty; and an unexplained discrepancy between the 2011 graduation date and the 2017 diploma issuance date, all precluding a finding that the Petitioner qualifies for EB-2.
Exact record locator: findings_long.parquet filename_stem=2023-11-20_02_B5203; source_row=34582 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Meeting at least three of six regulatory criteria for exceptional ability (8 C.F.R. § 204.5(k)(3)(ii))
What the decision said
AAO found the Petitioner waived any challenge to the Director's criteria analysis by offering only generalized eligibility statements without identifying specific errors in the Director's reasoning, rendering the issue abandoned on appeal under Matter of O-R-E- and Matter of R-A-M-.
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AAO found the Petitioner waived any challenge to the Director's criteria analysis by offering only generalized eligibility statements without identifying specific errors in the Director's reasoning, rendering the issue abandoned on appeal under Matter of O-R-E- and Matter of R-A-M-.
Exact record locator: findings_long.parquet filename_stem=2023-11-20_05_B5203; source_row=34600 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Sufficiency and consistency of evidence regarding prospective occupation/proposed endeavor
Why AAO was not persuaded
AAO found the Petitioner presented materially inconsistent descriptions of his proposed employment — soccer coach in the petition and RFE response, but business development professional for the first time on appeal. Because eligibility must be established at the time of filing, a petitioner cannot materially change the occupation or proposed endeavor on appeal.
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AAO found the Petitioner presented materially inconsistent descriptions of his proposed employment — soccer coach in the petition and RFE response, but business development professional for the first time on appeal. Because eligibility must be established at the time of filing, a petitioner cannot materially change the occupation or proposed endeavor on appeal.
Exact record locator: findings_long.parquet filename_stem=2023-11-20_05_B5203; source_row=34599 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceReservedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
NIW · National importance
Substantial merit and national importance
What the decision said
AAO formally reserved this prong because the EB-2 eligibility issue is dispositive, but noted in dicta that the Petitioner's soccer coaching endeavor would not rise to the level of national importance because it would not impact the field more broadly beyond his employer and the individuals he coaches.
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AAO formally reserved this prong because the EB-2 eligibility issue is dispositive, but noted in dicta that the Petitioner's soccer coaching endeavor would not rise to the level of national importance because it would not impact the field more broadly beyond his employer and the individuals he coaches.
Exact record locator: findings_long.parquet filename_stem=2023-11-20_05_B5203; source_row=34601 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 Director's favorable determination on prong one was flawed because it was based on an impermissibly altered proposed endeavor introduced during the RFE response, and the Director did not explain the basis for the conclusion.
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AAO found the Director's favorable determination on prong one was flawed because it was based on an impermissibly altered proposed endeavor introduced during the RFE response, and the Director did not explain the basis for the conclusion.
Exact record locator: findings_long.parquet filename_stem=2023-11-20_08_B5203; source_row=34611 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-2 underlying qualification (advanced degree or exceptional ability)
What the decision said
Because the Petitioner's brief did not address or contest the Director's findings on the underlying EB-2 classification, AAO deemed the issue waived and did not independently analyze it.
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Because the Petitioner's brief did not address or contest the Director's findings on the underlying EB-2 classification, AAO deemed the issue waived and did not independently analyze it.
Exact record locator: findings_long.parquet filename_stem=2023-11-20_09_B5203; source_row=34614 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c