EB-1 EA District Court review of AAO Kazarian analysis

BigJoe5

Registered Users (C)
".... the court looks for evidence that USCIS considered the relevant factors and articulated a rational connection between the facts it found and the choice it made. USCIS explicitly considered the awards and all of the evidence Mr. Rijal submitted to support his claim that they were major, international awards. USCIS articulated a rational connection between those facts and its conclusion that his awards were not “major.” May 2009 Dec. at 5-6. Another adjudicator might have come to a different conclusion, but that is irrelevant. Unless the court can conclude that no rational adjudicator would have come to that conclusion, the USCIS did not act arbitrarily and capriciously."

SEE: http://www.slideshare.net/BigJoe5/a-district-court-reviewing-aao-kazarian-anlysis
 
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