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Have you received a noteworthy decision on a recent case? Tell us about it! Share significant decisions with your AILA colleagues by sending a copy to webmaster@aila.org. And if you can’t redact it, we’re happy to oblige.

Administrative Appeals Office (AAO)

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AAO Finds Profession of “Computer Software Engineer” Does Not Require Specified Field of Study for Bachelor’s Degree(300 KB - 11/4/2009)
AAO sustained appeal, finding that the profession of a “Computer Software Engineer” requires at least a bachelor's degree, but that a degree in a specific field is not necessary according to the OOH, and that the alien's background included substantial experience in the related field. Decision courtesy of Ronald Matten. AILA Doc. No. 09110461.
AAO Finds Occupation of “Market Research Analyst” Does Not Require Specified Field Study for Master’s Degree(1492 KB - 11/3/2009)
AAO sustains appeal, finding that the occupation of a “market research analyst” does not require specification of one or more fields of study for a Master’s degree. The AAO based its conclusion on OOH and O*Net to confirm that the offered position requires at least a bachelor’s degree and in some cases a Master’s. Decision courtesy of David Sindell. AILA Doc. No.09110363.
AAO Finds Ability to Pay Where Beneficiary Will Replace Outsourced Services(1618 KB - 9/14/2009)
In a non-precedent decision, AAO held that petitioner established ability to pay proffered wage where beneficiary would replace outsourced data management service. AILA Doc. No. 09091490.
AAO Rejects Ability to Pay Argument Due to Multiple I-140s Filed by Petitioner(2060 KB - 8/4/2009)
In a non-precedent decision, AAO held that petitioner had not established ability to pay beneficiary where USCIS electronic records revealed that the petitioner, which claimed to employ only 180 employees, filed 1,706 immigrant and nonimmigrant petitions. AILA Doc. No. 09080490.
AAO Considers Evidence Outside Petitioner’s Net Income and Net Current Assets When Determining Ability to Pay(735 KB - 7/27/2009)
AAO withdraws I-140 denial based on inability to pay. The AAO applied Matter of Sonegawa, 12 I&N Dec. 612 (Reg. Comm. 1967), and held that USCIS may consider evidence relevant to the petitioner’s financial ability that falls outside of a petitioner’s net income and net current assets. Decision courtesy of Cyrus Metha. AILA Doc. No. 09072763.
AAO Declares I-601 Moot, Erroneous Finding that Applicant Departed U.S. Due to Notary Error(1047 KB - 7/7/2009)
AAO withdraws decision to deny I-601 waiver application and declares it moot. Concludes that the finding that the applicant departed after being unlawfully present for a period of one year or more was the result of a notary error on the I-485. Applicant stated that she never left the U.S. Decision courtesy of Bernie Wolfsdorf. AILA Doc. No. 09070766.
AAO Rejects Ability to Pay Argument for Petitioner’s Failure to Prove Sonegawa Exception(6243 KB - 7/1/2009)
In a non-precedent decision, AAO held petitioner had not established ability to pay where no unusual circumstances were shown to exist parallel to Sonegawa, which relates to petitions filed during uncharacteristically unprofitable years in a framework of profitable years. AILA Doc. No. 09070190.
AAO Holds Mental Health and Financial Circumstances Demonstrate Extreme Hardship to Citizen Spouse(286 KB - 5/11/2009)
AAO grants motion to reopen. Finds extreme hardship to waiver applicant’s U.S. citizen spouse is demonstrated by spouse’s continuing mental health condition, as documented by a licensed healthcare professional, and the difficulties the spouse encountered in being a single parent. Decision courtesy of Steven Garmo and Danny Garmo. AILA Doc. No. 09051171.
AAO Finds Ability to Pay Based Upon Discretionary Shareholder Loan(430 KB - 5/11/2009)
In a non-precedent decision, AAO held petitioner established ability to pay where petitioner submitted a letter from its sole shareholder confirming loan repayment was discretionary and would not have been repaid if petitioner had obligated to pay beneficiary a higher wage. AILA Doc. No. 09051190.
AAO Rejects Ability to Pay Argument for Failure to Prove Credit Line Will Improve Company's Financial(1182 KB - 3/16/2009)
In a non-precedent decision, AAO held petitioner had not established ability to pay proffered wage where petitioner failed to prove that the line of credit would augment the company’s overall financial situation. AILA Doc. No. 09031690.
AAO Holds that Untimely Appeal Should Have Been Treated as Motion to Reopen(1299 KB - 3/13/2009)
AAO upholds rejection of appeal and motions filed for a Chinese Opera performer seeking EB-1 classification. However, also finds that petitioner’s untimely appeal should have been treated as a motion to reopen, and that a decision should have been made on the merits of the case. Considers merits de novo. Unpublished decision courtesy of Alan Lee. AILA Doc. No. 09031369.
AAO Finds Extreme Hardship Would be Suffered by Father of Chinese I-601 Waiver Applicant(1114 KB - 3/13/2009)
AAO sustains appeal, finding the applicant merits an I-601 waiver because of the extreme hardship that his father would suffer. Factors considered included minimal family ties to China, emotional and physical problems, and reliance on the applicant for support. Unpublished decision courtesy of Alan Lee. AILA Doc. No. 09031367.
AAO Concludes M.B.B.S is Equivalent to M.D.(1447 KB - 2/19/2009)
In a non-precedent decision, AAO holds that a 5 year Bachelor of Medicine and Bachelor of Surgery (M.B.B.S.) is the foreign equivalent of a U.S. M.D., and that the beneficiary qualifies for EB-2 classification. Courtesy of Barry Walker. AILA Doc. No. 09021835.
AAO Holds 5-year Indian M.B.B.S. Degree Equivalent of U.S. M.D. Degree(622 KB - 1/13/2009)
In a non-precedent decision, the AAO holds that a 5-year M.B.B.S. degree from India is the equivalent of a U.S. M.D. degree and discusses evidence of degree equivalency. InfoNet Doc. No. 09011320.

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