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10,847 decisions /36,849 findings
Showing 8511–8520
NIWNIW · Waiver on balanceReservedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · Waiver on balance
on balance, beneficial to waive job offer requirement
What the decision said
The AAO explicitly reserved its opinion on the third Dhanasar prong because the finding on the first prong was dispositive.
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The AAO explicitly reserved its opinion on the third Dhanasar prong because the finding on the first prong was dispositive.
Exact record locator: findings_long.parquet filename_stem=2023-04-17_04_B5203; source_row=31818 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of progressive post-baccalaureate experience in the specialty
Why AAO was not persuaded
The letter from the financial director employer confirmed employment duration but not duties. The assistant marketing manager letter described duties but covered just over three years. Together the record did not demonstrate a total of at least five years of qualifying experience in the specialty.
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The letter from the financial director employer confirmed employment duration but not duties. The assistant marketing manager letter described duties but covered just over three years. Together the record did not demonstrate a total of at least five years of qualifying experience in the specialty.
Exact record locator: findings_long.parquet filename_stem=2023-04-17_03_B5203; source_row=31811 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
While the AAO agreed the field of physical therapy has substantial merit, it found the Petitioner failed to demonstrate national importance because her evidence focused on the profession generally rather than on a specific endeavor of broad national impact. Her claimed innovations lacked sufficient independent and objective support, and her patient-care activities did not appear to extend beyond individual patients.
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While the AAO agreed the field of physical therapy has substantial merit, it found the Petitioner failed to demonstrate national importance because her evidence focused on the profession generally rather than on a specific endeavor of broad national impact. Her claimed innovations lacked sufficient independent and objective support, and her patient-care activities did not appear to extend beyond individual patients.
Exact record locator: findings_long.parquet filename_stem=2023-04-14_03_B5203; source_row=31794 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 disagreed with the Director on substantial merit, finding it established based on persuasive evidence of telepharmacy benefits, and withdrew the Director's finding on that sub-element.…
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AAO disagreed with the Director on substantial merit, finding it established based on persuasive evidence of telepharmacy benefits, and withdrew the Director's finding on that sub-element. However, AAO agreed that national importance was not established: the articles and studies addressed the telepharmacy field generally rather than the Petitioner's specific consulting endeavor; the impact analysis report lacked adequate projections; and the support letters did not describe a specific innovation or replicable methodology with national implications.
Exact record locator: findings_long.parquet filename_stem=2023-04-14_05_B5203; source_row=31800 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO acknowledged merit arguments but found the record failed to establish national importance because there was no showing of potential prospective impact beyond the Petitioner's sole client. Without such broader impact, national importance could not be determined.
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AAO acknowledged merit arguments but found the record failed to establish national importance because there was no showing of potential prospective impact beyond the Petitioner's sole client. Without such broader impact, national importance could not be determined.
Exact record locator: findings_long.parquet filename_stem=2023-04-14_01_B5203; source_row=31786 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Petitioner's attestations about education and experience were cast in significant doubt by the misrepresentations. Even taking attestations at face value, the record did not show how prior experience constituted a record of success in a similar effort, there was no plan or model for future activities, progress was limited to establishing a company used for construction trades work, and there was effectively no…
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AAO found the Petitioner's attestations about education and experience were cast in significant doubt by the misrepresentations. Even taking attestations at face value, the record did not show how prior experience constituted a record of success in a similar effort, there was no plan or model for future activities, progress was limited to establishing a company used for construction trades work, and there was effectively no evidence of interest or support beyond one client letter.
Exact record locator: findings_long.parquet filename_stem=2023-04-14_01_B5203; source_row=31787 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
on balance, beneficial to the United States to waive job offer requirement
Why AAO was not persuaded
AAO found that given the failure to clearly establish the first two prongs, and combined with the Petitioner's repeated and unrebutted misrepresentations, the balance did not support waiving the job offer and labor certification requirements.
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AAO found that given the failure to clearly establish the first two prongs, and combined with the Petitioner's repeated and unrebutted misrepresentations, the balance did not support waiving the job offer and labor certification requirements.
Exact record locator: findings_long.parquet filename_stem=2023-04-14_01_B5203; source_row=31788 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
required initial evidence (ETA 750B / ETA 9089 parts J, K, L)
Why AAO was not persuaded
Petitioner failed to submit the required NIW initial evidence both at filing and in response to the RFE; AAO raised this as an additional independent ground for denial.
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Petitioner failed to submit the required NIW initial evidence both at filing and in response to the RFE; AAO raised this as an additional independent ground for denial.
Exact record locator: findings_long.parquet filename_stem=2023-04-14_02_B5203; source_row=31793 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed that the Petitioner willfully misrepresented current professional activities but disagreed that past experience was misrepresented. AAO found that the rebuttal evidence was not credible, reliable, or probative: the sworn affidavit was self-serving and unsupported, the business confirmation letter failed to explain prior statements to USCIS about construction trades work, and the photos lacked context and appeared…
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AAO agreed that the Petitioner willfully misrepresented current professional activities but disagreed that past experience was misrepresented. AAO found that the rebuttal evidence was not credible, reliable, or probative: the sworn affidavit was self-serving and unsupported, the business confirmation letter failed to explain prior statements to USCIS about construction trades work, and the photos lacked context and appeared staged.
Exact record locator: findings_long.parquet filename_stem=2023-04-14_01_B5203; source_row=31785 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c