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AAO noted that the Petitioner's appeal did not challenge or address the Director's conclusion on criterion vi, and therefore considered this issue abandoned.
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AAO noted that the Petitioner's appeal did not challenge or address the Director's conclusion on criterion vi, and therefore considered this issue abandoned.
Exact record locator: findings_long.parquet filename_stem=2021-05-27_02_B2203; source_row=27686 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
FinanceManager
Issue evaluated
EB-1A · Published material
published material in professional or major trade publications or other major media
Why AAO was not persuaded
AAO found that most submitted articles quoted the Beneficiary but were not about him. The one article that was about him appeared in a publication whose SimilarWeb metrics were insufficient to establish it as a major trade or professional medium, especially compared to major outlets like Vedomosti.
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AAO found that most submitted articles quoted the Beneficiary but were not about him. The one article that was about him appeared in a publication whose SimilarWeb metrics were insufficient to establish it as a major trade or professional medium, especially compared to major outlets like Vedomosti.
Exact record locator: findings_long.parquet filename_stem=2021-05-27_02_B2203; source_row=27685 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
display of the alien's work at artistic exhibitions or showcases
Why AAO was not persuaded
The Petitioner's television news work and documentaries were not shown at artistic exhibitions or showcases. The Petitioner failed to establish that his comparable evidence argument was applicable because he did not show the criteria do not readily apply to his occupation.
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The Petitioner's television news work and documentaries were not shown at artistic exhibitions or showcases. The Petitioner failed to establish that his comparable evidence argument was applicable because he did not show the criteria do not readily apply to his occupation.
Exact record locator: findings_long.parquet filename_stem=2021-05-26_03_B2203; source_row=27671 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
high salary or other significantly high remuneration for services
Why AAO was not persuaded
The Petitioner submitted a wage table from Bangladesh's Eighth Newspaper Wage Board, but that table covers newspaper journalists rather than television journalists. Without an applicable comparator, the Petitioner failed to show his salary was high relative to others in his occupation.
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The Petitioner submitted a wage table from Bangladesh's Eighth Newspaper Wage Board, but that table covers newspaper journalists rather than television journalists. Without an applicable comparator, the Petitioner failed to show his salary was high relative to others in his occupation.
Exact record locator: findings_long.parquet filename_stem=2021-05-26_03_B2203; source_row=27673 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material about the alien in professional or major trade publications or other major media
Why AAO was not persuaded
The submitted articles appeared in narrowly targeted local Bangladeshi-immigrant newspapers in the New York area, all published within a few weeks before the petition's filing. The Petitioner failed to provide circulation data for Prothom Alo North America and did not demonstrate that any of the outlets qualify as professional or major trade publications or major media.
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The submitted articles appeared in narrowly targeted local Bangladeshi-immigrant newspapers in the New York area, all published within a few weeks before the petition's filing. The Petitioner failed to provide circulation data for Prothom Alo North America and did not demonstrate that any of the outlets qualify as professional or major trade publications or major media.
Exact record locator: findings_long.parquet filename_stem=2021-05-26_03_B2203; source_row=27669 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
The Petitioner's membership letters for DRU, LRF, and a third association did not establish that those associations have membership requirements demanding outstanding achievements as judged by recognized experts. The large size of the organizations argues against exclusive, restrictive membership requirements.
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The Petitioner's membership letters for DRU, LRF, and a third association did not establish that those associations have membership requirements demanding outstanding achievements as judged by recognized experts. The large size of the organizations argues against exclusive, restrictive membership requirements.
Exact record locator: findings_long.parquet filename_stem=2021-05-26_03_B2203; source_row=27668 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner provided no documentary evidence equivalent to box office receipts or recording sales, and did not attempt to establish that a video journalist works in the performing arts. Length of experience does not imply commercial success.
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The Petitioner provided no documentary evidence equivalent to box office receipts or recording sales, and did not attempt to establish that a video journalist works in the performing arts. Length of experience does not imply commercial success.
Exact record locator: findings_long.parquet filename_stem=2021-05-26_03_B2203; source_row=27674 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for organizations or establishments with a distinguished reputation
Why AAO was not persuaded
The Petitioner held various titles at television networks but did not show that his roles were critical at the organizational level. Evidence about his role at the third association was insufficient, and letters from colleagues did not explain how his roles were leading or critical to the entities employing him.
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The Petitioner held various titles at television networks but did not show that his roles were critical at the organizational level. Evidence about his role at the third association was insufficient, and letters from colleagues did not explain how his roles were leading or critical to the entities employing him.
Exact record locator: findings_long.parquet filename_stem=2021-05-26_03_B2203; source_row=27672 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination — sustained acclaim at top of field
Why AAO was not persuaded
AAO found that past acclaim as a player cannot establish current sustained acclaim; the Beneficiary retired 15 years before filing and had not demonstrated acclaim as a coach. The two unpublished precedents cited by the Petitioner were distinguished, and credibility concerns arose from inconsistent letters about the Beneficiary's coaching history and counsel's misquotation of evidence.
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AAO found that past acclaim as a player cannot establish current sustained acclaim; the Beneficiary retired 15 years before filing and had not demonstrated acclaim as a coach. The two unpublished precedents cited by the Petitioner were distinguished, and credibility concerns arose from inconsistent letters about the Beneficiary's coaching history and counsel's misquotation of evidence.
Exact record locator: findings_long.parquet filename_stem=2021-05-26_02_B2203; source_row=27663 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The claimed employee reviews were not found in the record. Photographs with captions repeating statutory language were insufficient without identifying whose work was judged or duties performed. Project manager documentation did not show formal designation in a judging capacity as required by the regulation.
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The claimed employee reviews were not found in the record. Photographs with captions repeating statutory language were insufficient without identifying whose work was judged or duties performed. Project manager documentation did not show formal designation in a judging capacity as required by the regulation.
Exact record locator: findings_long.parquet filename_stem=2021-05-26_01_B2203; source_row=27648 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c