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The AAO reversed the Director, finding that the uncertified translations of the certificates failed to meet 8 C.F.R. § 103.2(b)(3) requirements, and that no corroborating evidence explained her responsibilities as a jury member or confirmed that her role involved judging work in the same or allied field.
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The AAO reversed the Director, finding that the uncertified translations of the certificates failed to meet 8 C.F.R. § 103.2(b)(3) requirements, and that no corroborating evidence explained her responsibilities as a jury member or confirmed that her role involved judging work in the same or allied field.
Exact record locator: findings_long.parquet filename_stem=2022-01-19_01_B2203; source_row=28982 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Evidence of a salary/remuneration demonstrating exceptional ability — 8 C.F.R. § 204.5(k)(3)(ii)(D)
Why AAO was not persuaded
AAO finds the new evidence does not show the Petitioner's pay results from his exceptional ability rather than the employer's standardized pay scale tied to grade and time in grade.
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AAO finds the new evidence does not show the Petitioner's pay results from his exceptional ability rather than the employer's standardized pay scale tied to grade and time in grade.
Exact record locator: findings_long.parquet filename_stem=2022-01-19_01_B5203; source_row=28985 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination
What the decision said
The AAO reserved the final merits determination because the Petitioner failed to satisfy the initial evidence requirement, rendering this analysis unnecessary.
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The AAO reserved the final merits determination because the Petitioner failed to satisfy the initial evidence requirement, rendering this analysis unnecessary.
Exact record locator: findings_long.parquet filename_stem=2022-01-19_01_B2203; source_row=28984 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 Petitioner's teaching activities would not impact the field more broadly beyond the students at the institutions where he teaches, his research projects lacked sufficient evidence of broader national implications, and his media interview about COP26 did not show involvement beyond public communication.…
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AAO found that the Petitioner's teaching activities would not impact the field more broadly beyond the students at the institutions where he teaches, his research projects lacked sufficient evidence of broader national implications, and his media interview about COP26 did not show involvement beyond public communication. The relevant inquiry is the specific proposed endeavor's broader implications, not the importance of the field generally.
Exact record locator: findings_long.parquet filename_stem=2023-01-17_03_B5203; source_row=30774 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
well-positioned to advance the proposed endeavor
What the decision said
AAO declined to address the second prong because the Petitioner had not established eligibility under the first prong, making further analysis unnecessary.
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AAO declined to address the second prong because the Petitioner had not established eligibility under the first prong, making further analysis unnecessary.
Exact record locator: findings_long.parquet filename_stem=2023-01-17_03_B5203; source_row=30775 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
on balance, beneficial to the United States to waive the job offer requirement
What the decision said
AAO declined to address the third prong because the Petitioner had not established eligibility under the first prong, making further analysis unnecessary.
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AAO declined to address the third prong because the Petitioner had not established eligibility under the first prong, making further analysis unnecessary.
Exact record locator: findings_long.parquet filename_stem=2023-01-17_03_B5203; source_row=30776 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO disagreed with the Director's finding that the endeavor lacked substantial merit, but independently concluded the endeavor lacked national importance. The Petitioner's work benefits his employer and its clients, but there is insufficient evidence that its prospective impact extends broadly to the oil and gas industry or national economy.…
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AAO disagreed with the Director's finding that the endeavor lacked substantial merit, but independently concluded the endeavor lacked national importance. The Petitioner's work benefits his employer and its clients, but there is insufficient evidence that its prospective impact extends broadly to the oil and gas industry or national economy. Letters from colleagues praise his individual contributions to his employer's contracts, but do not demonstrate broader economic or field-wide impact.
Exact record locator: findings_long.parquet filename_stem=2022-01-13_01_B5203; source_row=28976 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c