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.
advanced degree or equivalent (bachelor's + 5 years progressive experience)
Why AAO was not persuaded
The Petitioner holds only a bachelor's degree equivalent, not a degree above a bachelor's. He received his bachelor's in 2018 and filed in May 2020, leaving fewer than five years of post-bachelor's progressive experience. Pre-bachelor's experience cannot be credited under the regulation.
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The Petitioner holds only a bachelor's degree equivalent, not a degree above a bachelor's. He received his bachelor's in 2018 and filed in May 2020, leaving fewer than five years of post-bachelor's progressive experience. Pre-bachelor's experience cannot be credited under the regulation.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_05_B5203; source_row=32093 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
professional association membership (8 C.F.R. § 204.5(k)(3)(ii)(E))
Why AAO was not persuaded
AOPA provides insurance-like coverage options and is open to aircraft owners regardless of profession, so it does not qualify as a professional association within the meaning of the criterion.
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AOPA provides insurance-like coverage options and is open to aircraft owners regardless of profession, so it does not qualify as a professional association within the meaning of the criterion.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_02_B5203; source_row=32079 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the record rife with unresolved inconsistencies regarding the nature of the proposed endeavor (shifting between supporting a prior employer, running a catering company, and financial consulting), implausible employment projections operating from a private residence, materially conflicting business plan figures, and the Petitioner's new characterization of her company on appeal as a financial consulting firm, which…
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AAO found the record rife with unresolved inconsistencies regarding the nature of the proposed endeavor (shifting between supporting a prior employer, running a catering company, and financial consulting), implausible employment projections operating from a private residence, materially conflicting business plan figures, and the Petitioner's new characterization of her company on appeal as a financial consulting firm, which constituted new facts that could not establish eligibility. Industry reports and prior work experience were misplaced evidence for the first prong. The proposed endeavor appeared to benefit only the Petitioner and her clients, not the nation.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_01_B5203; source_row=32074 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
final merits determination for exceptional ability
Why AAO was not persuaded
Although AAO indicated a final merits determination was unnecessary, it advised in the alternative that the record in the aggregate did not support a finding that the Petitioner possesses the degree of expertise required for exceptional ability classification.
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Although AAO indicated a final merits determination was unnecessary, it advised in the alternative that the record in the aggregate did not support a finding that the Petitioner possesses the degree of expertise required for exceptional ability classification.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_03_B5203; source_row=32089 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
salary or remuneration demonstrating exceptional ability (8 C.F.R. § 204.5(k)(3)(ii)(D))
Why AAO was not persuaded
AAO found no evidence of prior earnings or comparative salary data, and noted the Russian tax filings submitted on appeal did not reflect salary or remuneration.
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AAO found no evidence of prior earnings or comparative salary data, and noted the Russian tax filings submitted on appeal did not reflect salary or remuneration.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_03_B5203; source_row=32086 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in professional associations (8 C.F.R. § 204.5(k)(3)(ii)(E))
Why AAO was not persuaded
AAO agreed that because the membership post-dated filing, the criterion was not satisfied, and it was unnecessary to determine whether OOIDA qualifies as a professional association.
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AAO agreed that because the membership post-dated filing, the criterion was not satisfied, and it was unnecessary to determine whether OOIDA qualifies as a professional association.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_03_B5203; source_row=32087 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWten years experienceNot establishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
ten years experience
ten years full-time experience (8 C.F.R. § 204.5(k)(3)(ii)(B))
Why AAO was not persuaded
AAO agreed the self-authored letter was insufficient and noted the supporting evidence did not identify the nature of the business, and the tax filings covered only six years and lacked financial detail establishing full-time activity for ten years.
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AAO agreed the self-authored letter was insufficient and noted the supporting evidence did not identify the nature of the business, and the tax filings covered only six years and lacked financial detail establishing full-time activity for ten years.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_03_B5203; source_row=32084 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWlicense or certificationNot establishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
license or certification
license to practice the profession (8 C.F.R. § 204.5(k)(3)(ii)(C))
Why AAO was not persuaded
AAO agreed the CDL post-dated filing by more than 18 months and could not establish eligibility at the time of filing, and that the Petitioner's unsupported assertions about other licenses were uncorroborated.
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AAO agreed the CDL post-dated filing by more than 18 months and could not establish eligibility at the time of filing, and that the Petitioner's unsupported assertions about other licenses were uncorroborated.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_03_B5203; source_row=32085 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
recognition for achievements and significant contributions (8 C.F.R. § 204.5(k)(3)(ii)(F))
What the decision said
AAO reserved this criterion because the Petitioner could not satisfy the threshold requirement of meeting at least three criteria, making analysis of this one unnecessary.
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AAO reserved this criterion because the Petitioner could not satisfy the threshold requirement of meeting at least three criteria, making analysis of this one unnecessary.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_03_B5203; source_row=32088 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The employment letters, considered with other evidence of employment history, established at least ten years of full-time experience in the hotel industry.
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The employment letters, considered with other evidence of employment history, established at least ten years of full-time experience in the hotel industry.
Exact record locator: findings_long.parquet filename_stem=2023-05-10_05_B5203; source_row=32095 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c