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AAO withdrew the Director's finding that the judging criterion was met. The letters stating the Petitioner served as a 'member of jury' were not corroborated by documentation of his responsibilities or details about the competitions, and photographs with handwritten captions were insufficient. Without corroborating evidence, AAO could not determine that his role involved judging the work of others in his field.
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See how invitations, completed assignments, and the nature of judging were documented and weighed.
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AAO withdrew the Director's finding that the judging criterion was met. The letters stating the Petitioner served as a 'member of jury' were not corroborated by documentation of his responsibilities or details about the competitions, and photographs with handwritten captions were insufficient. Without corroborating evidence, AAO could not determine that his role involved judging the work of others in his field.
Exact record locator: findings_long.parquet filename_stem=2021-04-12_02_B2203; source_row=27319 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other18 papers
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
The Petitioner claimed his major contribution was initiating rock climbing in Nepal, including opening 19 climbing routes. AAO found that the testimonial letters lacked specific detail about how his contributions were original and of major significance, newspaper articles indicated broader private-sector involvement in route development, and the record did not support that he was the sole initiator of rock climbing in Nepal.…
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Distinguish original work from evidence that the contribution had major significance across the field.
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The Petitioner claimed his major contribution was initiating rock climbing in Nepal, including opening 19 climbing routes. AAO found that the testimonial letters lacked specific detail about how his contributions were original and of major significance, newspaper articles indicated broader private-sector involvement in route development, and the record did not support that he was the sole initiator of rock climbing in Nepal. The newly submitted NMIA evidence about training course development was introduced without prior claim and lacked corroboration.
Exact record locator: findings_long.parquet filename_stem=2021-04-12_02_B2203; source_row=27320 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other18 papers
Issue evaluated
EB-1A · Published material
published material in professional or major trade publications or major media
Why AAO was not persuaded
The Petitioner submitted 18 articles from various Nepali publications. While many articles were about him and met other formal requirements, the Petitioner failed to establish that the publications qualify as professional or major trade publications or major media.…
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The Petitioner submitted 18 articles from various Nepali publications. While many articles were about him and met other formal requirements, the Petitioner failed to establish that the publications qualify as professional or major trade publications or major media. Press Council Nepal's grading letter lacked explanation of the grading criteria, circulation statistics were absent or uncontextualized, and publisher letters did not supply sufficient comparative data.
Exact record locator: findings_long.parquet filename_stem=2021-04-12_02_B2203; source_row=27318 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsReservedAutomated extraction · broader context
Case facts
Other18 papers
Issue evaluated
EB-1A · Final merits
final merits determination
What the decision said
AAO explicitly declined to conduct a formal final merits determination because the step-1 threshold was not met, but noted in dicta that the aggregate record does not support a finding of sustained national or international acclaim.
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AAO explicitly declined to conduct a formal final merits determination because the step-1 threshold was not met, but noted in dicta that the aggregate record does not support a finding of sustained national or international acclaim.
Exact record locator: findings_long.parquet filename_stem=2021-04-12_02_B2203; source_row=27321 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination - sustained acclaim and top of field
Why the evidence was persuasive
AAO found, on de novo review of the totality of the evidence, that the Petitioner has sustained national and international acclaim and is among the small percentage at the top of his field.
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AAO found, on de novo review of the totality of the evidence, that the Petitioner has sustained national and international acclaim and is among the small percentage at the top of his field.
Exact record locator: findings_long.parquet filename_stem=2021-04-12_01_B2203; source_row=27315 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the Work Order and Vendor letter evidenced a temporary project assignment rather than permanent, full-time employment. Counsel's unsubstantiated assertions that the work order might be extended did not constitute evidence. The industry-specific job duties tied to a single biotechnology client's trials further undermined any claim of broader, permanent employment intent.
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The AAO found that the Work Order and Vendor letter evidenced a temporary project assignment rather than permanent, full-time employment. Counsel's unsubstantiated assertions that the work order might be extended did not constitute evidence. The industry-specific job duties tied to a single biotechnology client's trials further undermined any claim of broader, permanent employment intent.
Exact record locator: findings_long.parquet filename_stem=2021-04-07_01_B5203; source_row=27308 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
Although the Petitioner referenced a charter, no such charter or similar documentation was submitted. The membership certificate and a general website screenshot do not demonstrate the requirements or criteria for obtaining membership, including that outstanding achievements judged by recognized national or international experts are required.
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Although the Petitioner referenced a charter, no such charter or similar documentation was submitted. The membership certificate and a general website screenshot do not demonstrate the requirements or criteria for obtaining membership, including that outstanding achievements judged by recognized national or international experts are required.
Exact record locator: findings_long.parquet filename_stem=2021-04-05_01_B2203; source_row=27290 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c