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2004 - 2001

  • AAO Finds Final Vows Not Required to Satisfy Two Year Experience Requirement (7/19/2004)
    In a non-precedent decision provided by AILA's Religious Worker Committee Chair, Carlos Ortiz Miranda, the AAO held that final vows were not required for the applicant to satisfy the two year experience requirement to qualify for Special Immigrant Religious Worker status. (Matter of Catholic Solitudes, 4/7/04).
    AILA Doc. No. 04071965.
  • AAO Finds Position of Pastoral Associate/Musician Was Not Religious Vocation or Occupation(400 KB - 7/1/2004)
    AAO upholds denial of church’s Special Immigrant petition, finding petitioner didn’t establish beneficiary’s position as pastoral associate/musician was full-time, salaried religious vocation or occupation during requisite period. AILA Doc. No. 04070192
    AILA Doc. No. 04070192.
  • AAO Decides Church Did Not Establish Beneficiary Was Full-Time Religious Worker/Minister(321 KB - 7/1/2004)
    AAO upholds denial of church’s Special Immigrant petition to classify beneficiary as minister, finding petitioner didn’t establish beneficiary worked full-time in a qualifying religious vocation or occupation during the requisite period. AILA Doc. No. 04070191.
    AILA Doc. No. 04070191.
  • AAO Finds Church Not Bona Fide Nonprofit Religious Organization(548 KB - 7/1/2004)
    AAO upholds denial of church's Special Immigrant petition, finding that petitioner did not establish that it qualified as bona fide nonprofit religious organization; that it didn't have ability to pay proffered wage; and that it didn't establish that beneficiary was a full-time religious worker during the requisite period. AILA Doc. No. 04070190
    AILA Doc. No. 04070190.
  • Summary of AAO Decisions on “Religious Visas”(195 KB - 6/3/2004)
    An editorial review, analysis, and practice advisory of recent AAO decisions on special immigration workers. Courtesy of AILA members Rodney Barker and Priscillia Suntoso. AILA DOc. No. 04060361.
    AILA Doc. No. 04060361.
  • AAO Deems "Or Equivalent" Language on Labor Certification Not to Refer to Experience(200 KB - 4/12/2004)
    In a non-precedent decision provided by NSC to support its recent positions on I-140s, the AAO held that language on a labor certification requiring a bachelor's degree "or the equivalent" does not necessarily mean the equivalent to a degree through experience. (Matter of Powerfood Inc., 6/30/97). AILA Document Number 04041210.
    AILA Doc. No. 04041210.
  • AAO Finds Membership in India Institute of Chartered Accountants Not Equal to Degree(277 KB - 4/12/2004)
    In a non-precedent decision provided by NSC to support its recent positions on I-140 equivalency, the AAO found that a degree equivalent credential for EB-2 purposes must be a single degree and cannot be a professional membership. (Matter of Divine, Inc., 7/17/03). AILA Doc. No. 04041241.
    AILA Doc. No. 04041241.
  • Summary of AAO Decisions on Religious Workers(224 KB - 8/6/2003)
    Between January 2001 and March 2003, the Administrative Appeals Office (AAO) issued 100 decisions on special immigrant religious workers. (Summary courtesy of Rodney M. Barker and Priscillia Suntoso). (AILA Doc. No. 03080615.)
    AILA Doc. No. 03080615.
  • AAO Finds That Asst. Professor in Biomedics Has Extraordinary Ability (11/12/2002)
    AAO reverses a TSC denial of an O-1 petition that had been based on a finding that the beneficiary was not demonstrated to be "at the very top" of her field. Courtesy of Judith Cooper.
    AILA Doc. No. 02111233.
  • AAO Says O-1 Position Does Not Need to Require Extraordinary Ability(228 KB - 10/3/2002)
    The AAO determines that a doctor who just completed a fellowship and has been engaged in stem cell research has demonstrated extraordinary ability, and that the NSC erred in requiring that the position itself require extraordinary ability. AILA Doc. No. 02100344.
    AILA Doc. No. 02100344.
  • EB-5 Cases Decided by AAO (10/11/2001)
    Three recently received EB-5 cases, decided by the AAO in spring, 2001. (Courtesy of Ruth K. Oh.)
    AILA Doc. No. 01101101.