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AAO withdrew the Director's finding because the record contained inconsistencies between claimed 2012 and 2016 awards, the certificate did not clearly relate to the application kit, and the award's purpose (to encourage artisans and serve as a promotional tool) did not establish national or international recognition for excellence.…
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AAO withdrew the Director's finding because the record contained inconsistencies between claimed 2012 and 2016 awards, the certificate did not clearly relate to the application kit, and the award's purpose (to encourage artisans and serve as a promotional tool) did not establish national or international recognition for excellence. Nearly half of all entries received the award in 2012, undermining its status as a mark of excellence.
Exact record locator: findings_long.parquet filename_stem=2020-12-16_02_B2203; source_row=26710 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The record confirms the Beneficiary's 2018 gross pay of $41,604.79 was well below the $65,000 proffered wage, so ability to pay cannot be established on this basis.
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The record confirms the Beneficiary's 2018 gross pay of $41,604.79 was well below the $65,000 proffered wage, so ability to pay cannot be established on this basis.
Exact record locator: findings_long.parquet filename_stem=2020-12-11_01_B5203; source_row=26699 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay via net income or net current assets on required financial documents
What the decision said
AAO declines to reach a final determination because the 2018 tax return—covering the priority date year—was not in the record when the Director decided but has now been submitted on appeal. AAO remands for the Director to evaluate this and other new evidence.
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AAO declines to reach a final determination because the 2018 tax return—covering the priority date year—was not in the record when the Director decided but has now been submitted on appeal. AAO remands for the Director to evaluate this and other new evidence.
Exact record locator: findings_long.parquet filename_stem=2020-12-11_01_B5203; source_row=26700 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages for multiple I-140 beneficiaries
What the decision said
AAO notes that the Petitioner has filed a second I-140 petition for another beneficiary and instructs that on remand the Director must also assess the Petitioner's ability to pay the combined proffered wages for all I-140 beneficiaries from the priority date forward.
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AAO notes that the Petitioner has filed a second I-140 petition for another beneficiary and instructs that on remand the Director must also assess the Petitioner's ability to pay the combined proffered wages for all I-140 beneficiaries from the priority date forward.
Exact record locator: findings_long.parquet filename_stem=2020-12-11_01_B5203; source_row=26701 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages for all I-140 beneficiaries
What the decision said
AAO notes that USCIS records show the Petitioner filed a second I-140 for another beneficiary, and instructs that on remand the Director must assess the Petitioner's ability to pay the combined proffered wages of all I-140 beneficiaries from the priority date.
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AAO notes that USCIS records show the Petitioner filed a second I-140 for another beneficiary, and instructs that on remand the Director must assess the Petitioner's ability to pay the combined proffered wages of all I-140 beneficiaries from the priority date.
Exact record locator: findings_long.parquet filename_stem=2020-12-11_02_B5203; source_row=26703 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO declines to adjudicate the ability-to-pay question on the merits because the 2018 tax return — a required regulatory document for the priority date year — was not in the record before the Director and must be considered in the first instance on remand.
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AAO declines to adjudicate the ability-to-pay question on the merits because the 2018 tax return — a required regulatory document for the priority date year — was not in the record before the Director and must be considered in the first instance on remand.
Exact record locator: findings_long.parquet filename_stem=2020-12-11_02_B5203; source_row=26702 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
While the record shows substantial merit, the Petitioner's proposed work does not demonstrate the broader prospective impact required for national importance. Her statements reflect intention to provide valuable services to future employers, but she has not shown that the impact would extend to her field or the U.S. postsecondary education system more broadly. She also has not shown significant potential to employ U.S.…
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While the record shows substantial merit, the Petitioner's proposed work does not demonstrate the broader prospective impact required for national importance. Her statements reflect intention to provide valuable services to future employers, but she has not shown that the impact would extend to her field or the U.S. postsecondary education system more broadly. She also has not shown significant potential to employ U.S. workers or substantial positive economic effects.
Exact record locator: findings_long.parquet filename_stem=2020-12-01_01_B5203; source_row=26692 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for organizations or establishments with distinguished reputation
Why AAO was not persuaded
The AAO affirmed that the Petitioner had not established a leading or critical role for any organization with a distinguished reputation. The new letters did not provide sufficient evidence of the dance company's distinguished reputation, the California dance school letter did not show how two choreographed pieces were critical to the organization's activities as a whole, and the letters regarding the annual event showed sh…
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The AAO affirmed that the Petitioner had not established a leading or critical role for any organization with a distinguished reputation. The new letters did not provide sufficient evidence of the dance company's distinguished reputation, the California dance school letter did not show how two choreographed pieces were critical to the organization's activities as a whole, and the letters regarding the annual event showed she was one of several team leaders rather than holding a unique leading role.
Exact record locator: findings_long.parquet filename_stem=2020-12-01_02_B2203; source_row=26698 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
OtherFaculty
Issue evaluated
EB-1A · Published material
published material in major trade publications or other major media
Why AAO was not persuaded
The AAO had previously reversed the Director's finding, concluding that none of the articles about the Petitioner were accompanied by sufficient evidence to demonstrate they qualify as major trade publications or other major media.…
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The AAO had previously reversed the Director's finding, concluding that none of the articles about the Petitioner were accompanied by sufficient evidence to demonstrate they qualify as major trade publications or other major media. On motion, new evidence regarding Madrid Diario, El Diario Vasco, Dance Informa, and television appearances did not cure these deficiencies, and the OnStage Blog article post-dated the petition filing date.
Exact record locator: findings_long.parquet filename_stem=2020-12-01_02_B2203; source_row=26695 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c