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AAO agreed that the differing headquarters locations (Virginia vs. New Jersey) would have resulted in different proffered wages and required testing of the U.S. labor market in different geographical areas had the Petitioner's offer been made at the time of the original labor certification filing.…
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AAO agreed that the differing headquarters locations (Virginia vs. New Jersey) would have resulted in different proffered wages and required testing of the U.S. labor market in different geographical areas had the Petitioner's offer been made at the time of the original labor certification filing. The appellate evidence showing a leased office in the same MSA was declined consideration under Matter of Soriano and would not have changed the outcome anyway since the Petitioner never asserted the proffered wage and recruitment area would have matched.
Exact record locator: findings_long.parquet filename_stem=2023-03-02_02_B5203; source_row=31204 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Qualifying experience with Employer 1 (Jan 2000–Sep 2002, India)
Why AAO was not persuaded
The Employer 1 letter fails the regulatory description requirement, and the Petitioner did not show the letter was unavailable. The Beneficiary's bare assertion of unavailability is insufficient, and affidavits from co-workers lack independent corroborating evidence of their claimed employment.
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The Employer 1 letter fails the regulatory description requirement, and the Petitioner did not show the letter was unavailable. The Beneficiary's bare assertion of unavailability is insufficient, and affidavits from co-workers lack independent corroborating evidence of their claimed employment.
Exact record locator: findings_long.parquet filename_stem=2023-03-02_01_B5203; source_row=31202 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Qualifying experience with Employers 2 and 3 (India, Oct 2002–Dec 2004)
Why AAO was not persuaded
Without employer letters, the Petitioner must show unavailability before alternative evidence can be considered. The mere assertion of unwillingness is not sufficient, and no independent corroboration of the affiants' employment was provided.
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Without employer letters, the Petitioner must show unavailability before alternative evidence can be considered. The mere assertion of unwillingness is not sufficient, and no independent corroboration of the affiants' employment was provided.
Exact record locator: findings_long.parquet filename_stem=2023-03-02_01_B5203; source_row=31203 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Qualifying experience with Employer 4 (Jan 2005–Jun 2005, U.S.)
Why AAO was not persuaded
Employer 4's letter omits most required H.14 technologies, and discrepancies between the 2007 and current letters regarding title, duties, and technologies undermine the reliability of the claimed experience.
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Employer 4's letter omits most required H.14 technologies, and discrepancies between the 2007 and current letters regarding title, duties, and technologies undermine the reliability of the claimed experience.
Exact record locator: findings_long.parquet filename_stem=2023-03-02_01_B5203; source_row=31201 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Qualifying experience with Employer 6 (Oct 2006–Dec 2007, U.S.)
Why AAO was not persuaded
The 2008 letter does not show use of the required technologies in MVC architecture as required by part H.14, and multiple discrepancies between the employer's 2007 and 2008 letters and the Beneficiary's 2010 visa application undermine reliability.
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The 2008 letter does not show use of the required technologies in MVC architecture as required by part H.14, and multiple discrepancies between the employer's 2007 and 2008 letters and the Beneficiary's 2010 visa application undermine reliability.
Exact record locator: findings_long.parquet filename_stem=2023-03-02_01_B5203; source_row=31199 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Qualifying experience with Employer 5 (Jul 2005–Sep 2006, U.S.)
Why AAO was not persuaded
Employer 5's letter does not show MVC architecture work or most H.14 technologies, and the duties described in the letter conflict with those stated in the 2010 visa application.
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Employer 5's letter does not show MVC architecture work or most H.14 technologies, and the duties described in the letter conflict with those stated in the 2010 visa application.
Exact record locator: findings_long.parquet filename_stem=2023-03-02_01_B5203; source_row=31200 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
The new MES letter confirms the title but still fails to show that recognized national or international experts judged prospective members' achievements as outstanding as a condition of eligibility.
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The new MES letter confirms the title but still fails to show that recognized national or international experts judged prospective members' achievements as outstanding as a condition of eligibility.
Exact record locator: findings_long.parquet filename_stem=2023-03-02_01_B2203; source_row=31197 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organizations or establishments
Why AAO was not persuaded
The new MES letter primarily contains bare assertions of acclaim and vague claims of contributions without specifically identifying those contributions or showing they rise to major significance in the field.
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The new MES letter primarily contains bare assertions of acclaim and vague claims of contributions without specifically identifying those contributions or showing they rise to major significance in the field.
Exact record locator: findings_long.parquet filename_stem=2023-03-02_01_B2203; source_row=31198 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 that the submitted evidence — including general articles on the importance of sales and operations management, a business plan lacking identified customers or industry specificity, and unsupported revenue and hiring projections — did not demonstrate broader implications rising to the level of national importance for either proposed endeavor.…
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AAO found that the submitted evidence — including general articles on the importance of sales and operations management, a business plan lacking identified customers or industry specificity, and unsupported revenue and hiring projections — did not demonstrate broader implications rising to the level of national importance for either proposed endeavor. AAO also noted that a worker shortage alone cannot establish NIW eligibility.
Exact record locator: findings_long.parquet filename_stem=2023-03-01_03_B5203; source_row=31191 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 agreed the Petitioner had not established national importance. Speaking engagements were insufficiently quantified, media coverage showed personal recognition but not broad field impact, professional memberships and support letters did not describe the proposed endeavor's national importance, the business plan's cultural and economic projections were too limited (only 10 direct jobs in 5 years), and the expert opinion l…
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AAO agreed the Petitioner had not established national importance. Speaking engagements were insufficiently quantified, media coverage showed personal recognition but not broad field impact, professional memberships and support letters did not describe the proposed endeavor's national importance, the business plan's cultural and economic projections were too limited (only 10 direct jobs in 5 years), and the expert opinion letter overstated the evidence by conflating the overall industry's importance with the Petitioner's specific endeavor.
Exact record locator: findings_long.parquet filename_stem=2023-03-01_04_B5203; source_row=31194 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c