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EB-2 underlying classification (advanced degree or exceptional ability)
What the decision said
The Petitioner failed to contest or address the Director's EB-2 findings on appeal, submitting only prior documentation without arguing legal or factual error; AAO treated the issue as waived.
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The Petitioner failed to contest or address the Director's EB-2 findings on appeal, submitting only prior documentation without arguing legal or factual error; AAO treated the issue as waived.
Exact record locator: findings_long.parquet filename_stem=2023-08-28_07_B5203; source_row=33384 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
NIW · Well positioned
well positioned to advance the proposed endeavor
Why AAO was not persuaded
AAO found the Petitioner lacked any experience or training in U.S. immigration law, had no documented steps toward U.S. bar admission or BIA accreditation, and her past experience was in the restaurant industry in Brazil rather than in immigration or management consulting. The ServSafe certification was obtained after filing and was for food industry managers, not consultants.
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Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO found the Petitioner lacked any experience or training in U.S. immigration law, had no documented steps toward U.S. bar admission or BIA accreditation, and her past experience was in the restaurant industry in Brazil rather than in immigration or management consulting. The ServSafe certification was obtained after filing and was for food industry managers, not consultants.
Exact record locator: findings_long.parquet filename_stem=2023-08-28_03_B5203; source_row=33382 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 adopted and affirmed the Director's analysis, finding that the Petitioner's appeal made only broad, conclusory assertions without specifically identifying errors in law or fact in the Director's decision, and failed to address the Director's specific findings including the material change to the proposed endeavor.
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AAO adopted and affirmed the Director's analysis, finding that the Petitioner's appeal made only broad, conclusory assertions without specifically identifying errors in law or fact in the Director's decision, and failed to address the Director's specific findings including the material change to the proposed endeavor.
Exact record locator: findings_long.parquet filename_stem=2023-08-28_01_B5203; source_row=33375 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the three-year Titulo de Licenciado is not equivalent to a U.S. bachelor's degree per AACRAO EDGE, which requires a four-year program for equivalency. The academic evaluation was discounted as having little probative value. Additionally, the employment letters were deficient because they did not specify full-time or part-time status and one was written by a co-worker rather than an employer.
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AAO found the three-year Titulo de Licenciado is not equivalent to a U.S. bachelor's degree per AACRAO EDGE, which requires a four-year program for equivalency. The academic evaluation was discounted as having little probative value. Additionally, the employment letters were deficient because they did not specify full-time or part-time status and one was written by a co-worker rather than an employer.
Exact record locator: findings_long.parquet filename_stem=2023-08-25_01_B5203; source_row=33369 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO disagreed with the Director's conclusion on substantial merit but adopted and affirmed the Director's conclusion that the Petitioner failed to establish national importance, finding the appeal brief merely reiterated prior arguments without providing new evidence or arguments to overcome the Director's determination on national scope.
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AAO disagreed with the Director's conclusion on substantial merit but adopted and affirmed the Director's conclusion that the Petitioner failed to establish national importance, finding the appeal brief merely reiterated prior arguments without providing new evidence or arguments to overcome the Director's determination on national scope.
Exact record locator: findings_long.parquet filename_stem=2023-08-25_01_B5203; source_row=33370 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the endeavor has substantial merit as it involves business and financial management, but the Petitioner failed to show national importance. The recommendation letters addressed only past workplace accomplishments, the expert opinion letters were conclusory and lacked corroborating details, and the proposed activities reflect typical financial analyst work that would benefit only individual employers or clients rat…
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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 the endeavor has substantial merit as it involves business and financial management, but the Petitioner failed to show national importance. The recommendation letters addressed only past workplace accomplishments, the expert opinion letters were conclusory and lacked corroborating details, and the proposed activities reflect typical financial analyst work that would benefit only individual employers or clients rather than impacting the field broadly or producing significant national economic effects.
Exact record locator: findings_long.parquet filename_stem=2023-08-24_11_B5203; source_row=33358 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
OtherManager
Issue evaluated
EB-1A · Final merits
final merits determination
Why AAO was not persuaded
AAO reviewed the full record in the alternative and found it does not establish sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of the field.
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AAO reviewed the full record in the alternative and found it does not establish sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of the field.
Exact record locator: findings_long.parquet filename_stem=2023-08-24_01_B2203; source_row=33324 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
OtherManager
Issue evaluated
EB-1A · Original contributions
original contributions of major significance in the field
Why AAO was not persuaded
AAO found the letters regarding the 'vanishing effect' lacked first-hand knowledge and corroborating documentary evidence, so the Petitioner failed to show it was her original innovation or of major significance. The book lacked evidence of widespread implementation or remarkable influence, and the teaching course lacked evidence of originality and significance.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found the letters regarding the 'vanishing effect' lacked first-hand knowledge and corroborating documentary evidence, so the Petitioner failed to show it was her original innovation or of major significance. The book lacked evidence of widespread implementation or remarkable influence, and the teaching course lacked evidence of originality and significance.
Exact record locator: findings_long.parquet filename_stem=2023-08-24_01_B2203; source_row=33319 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organizations or establishments
Why AAO was not persuaded
AAO found that letters about the university role lacked personal knowledge regarding the role's criticality, and that the employer letter was unclear on employment dates, lacked rating data supporting claims of critical impact, and failed to establish the company's distinguished reputation through evidence from others in the industry.
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AAO found that letters about the university role lacked personal knowledge regarding the role's criticality, and that the employer letter was unclear on employment dates, lacked rating data supporting claims of critical impact, and failed to establish the company's distinguished reputation through evidence from others in the industry.
Exact record locator: findings_long.parquet filename_stem=2023-08-24_01_B2203; source_row=33321 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
display of work at artistic exhibitions or showcases
Why AAO was not persuaded
AAO found that the Petitioner's name was not listed in the submitted website evidence for the films shown at festivals, and that the filmmaker's letter lacked first-hand knowledge of the Petitioner's involvement and merely listed job titles without detail. Even if credited, the record lacked sufficiently detailed evidence that her specific work was displayed.
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AAO found that the Petitioner's name was not listed in the submitted website evidence for the films shown at festivals, and that the filmmaker's letter lacked first-hand knowledge of the Petitioner's involvement and merely listed job titles without detail. Even if credited, the record lacked sufficiently detailed evidence that her specific work was displayed.
Exact record locator: findings_long.parquet filename_stem=2023-08-24_01_B2203; source_row=33320 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c