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The AAO found the record lacked transcripts to verify the 2013 degree was earned after four years of undergraduate study equivalent to a U.S. bachelor's degree. The credentials evaluation report was internally inconsistent with the expert opinion letter, and there was no evidence that 26 credit hours equals a four-year U.S. bachelor's degree.…
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The AAO found the record lacked transcripts to verify the 2013 degree was earned after four years of undergraduate study equivalent to a U.S. bachelor's degree. The credentials evaluation report was internally inconsistent with the expert opinion letter, and there was no evidence that 26 credit hours equals a four-year U.S. bachelor's degree. If the 2018 degree represented the bachelor's equivalent, five years of post-baccalaureate experience could not have been accumulated before the October 2021 filing date.
Exact record locator: findings_long.parquet filename_stem=2023-11-14_02_B5203; source_row=34432 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedReservedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
NIW · Well positioned
well-positioned to advance the proposed endeavor
What the decision said
AAO reserved this prong as unnecessary to the disposition, given the dispositive failure on prong 1, though it noted in a footnote that it would disagree with the director's finding based on deficiencies in the claimed experience.
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AAO reserved this prong as unnecessary to the disposition, given the dispositive failure on prong 1, though it noted in a footnote that it would disagree with the director's finding based on deficiencies in the claimed experience.
Exact record locator: findings_long.parquet filename_stem=2023-11-14_01_B5203; source_row=34430 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
OtherBachelor’s
Issue evaluated
NIW · National importance
Substantial merit and national importance
Why AAO was not persuaded
The Director's favorable finding was based on an entrepreneurial endeavor introduced only in the RFE response, which was a material change from the original petition. Because a petitioner may not make material changes to cure a deficient petition, the altered endeavor should not have formed the basis of the NIW analysis.
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The Director's favorable finding was based on an entrepreneurial endeavor introduced only in the RFE response, which was a material change from the original petition. Because a petitioner may not make material changes to cure a deficient petition, the altered endeavor should not have formed the basis of the NIW analysis.
Exact record locator: findings_long.parquet filename_stem=2023-11-14_02_B5203; source_row=34433 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed with the Director that national importance was not established. The personal statement and sample program at most show benefit to the Petitioner's clients without broader field implications. Expert opinion letters conflate the importance of physical fitness generally with the national importance of the Petitioner's specific endeavor.…
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AAO agreed with the Director that national importance was not established. The personal statement and sample program at most show benefit to the Petitioner's clients without broader field implications. Expert opinion letters conflate the importance of physical fitness generally with the national importance of the Petitioner's specific endeavor. Research articles similarly address physical fitness in general rather than the proposed endeavor specifically.
Exact record locator: findings_long.parquet filename_stem=2023-11-13_01_B5203; source_row=34419 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the credential evaluation unreliable because it misstates the duration of coursework completed, does not address credit hour requirements or typical program length, and transcripts suggest only 3.5 years of coursework rather than the requisite 4 years. AACRAO EDGE indicates Brazilian teaching degrees vary from 2 to 4 years, with only a 4-year program being equivalent to a U.S. bachelor's degree.
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AAO found the credential evaluation unreliable because it misstates the duration of coursework completed, does not address credit hour requirements or typical program length, and transcripts suggest only 3.5 years of coursework rather than the requisite 4 years. AACRAO EDGE indicates Brazilian teaching degrees vary from 2 to 4 years, with only a 4-year program being equivalent to a U.S. bachelor's degree.
Exact record locator: findings_long.parquet filename_stem=2023-11-13_01_B5203; source_row=34418 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
The Petitioner failed to define a specific proposed endeavor, did not show how working as a commercial pilot has substantial merit in any Dhanasar-listed area, and did not show the endeavor would impact the field or U.S. economy beyond his prospective employer. A claimed occupational shortage does not establish national importance.
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The Petitioner failed to define a specific proposed endeavor, did not show how working as a commercial pilot has substantial merit in any Dhanasar-listed area, and did not show the endeavor would impact the field or U.S. economy beyond his prospective employer. A claimed occupational shortage does not establish national importance.
Exact record locator: findings_long.parquet filename_stem=2023-11-13_03_B5203; source_row=34425 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c