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Labor certification validity — geographic area of intended employment
Why the evidence was persuasive
AAO found that the Petitioner properly filed the labor certification from California and was not required to identify the Beneficiary's specific telecommuting location. The labor certification's telecommuting notation was sufficient notice to DOL.
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AAO found that the Petitioner properly filed the labor certification from California and was not required to identify the Beneficiary's specific telecommuting location. The labor certification's telecommuting notation was sufficient notice to DOL.
Exact record locator: findings_long.parquet filename_stem=2019-09-24_01_B5203; source_row=24429 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO declined to accept the treasurer's letter because it conflated the Petitioner's employee count with group affiliates, failing to establish that the Petitioner alone employs 100 or more workers. The record also lacked 2018 financial documentation, and the Petitioner could not rely on affiliates' financials. The matter was remanded for the Director to clarify ability to pay in light of multiple I-140 filings.
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AAO declined to accept the treasurer's letter because it conflated the Petitioner's employee count with group affiliates, failing to establish that the Petitioner alone employs 100 or more workers. The record also lacked 2018 financial documentation, and the Petitioner could not rely on affiliates' financials. The matter was remanded for the Director to clarify ability to pay in light of multiple I-140 filings.
Exact record locator: findings_long.parquet filename_stem=2019-09-24_01_B5203; source_row=24430 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material
Why AAO was not persuaded
AAO agreed that theatre reviews mentioning the Petitioner as creator do not constitute material 'about' her, as they do not discuss her career, background, or other personal elements. Articles in which she is merely quoted are also not about her. The blog interview was not shown to be related to her profession or major media, and the screenwriting competition profile was not shown to appear in a qualifying publication.
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AAO agreed that theatre reviews mentioning the Petitioner as creator do not constitute material 'about' her, as they do not discuss her career, background, or other personal elements. Articles in which she is merely quoted are also not about her. The blog interview was not shown to be related to her profession or major media, and the screenwriting competition profile was not shown to appear in a qualifying publication.
Exact record locator: findings_long.parquet filename_stem=2019-09-20_01_B2203; source_row=24422 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that while the Petitioner held leading or critical roles for certain organizations (a theatre company, a film festival, and a theatre), none of those organizations were shown to have a distinguished reputation. The theatre company was too new (founded 2017) and its individual award recipients—not the company itself—received the local awards.…
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AAO found that while the Petitioner held leading or critical roles for certain organizations (a theatre company, a film festival, and a theatre), none of those organizations were shown to have a distinguished reputation. The theatre company was too new (founded 2017) and its individual award recipients—not the company itself—received the local awards. The film festival was not established to have a distinguished reputation at the national or international level. Volunteer, columnist, and judging roles for other organizations were not shown to be leading or critical.
Exact record locator: findings_long.parquet filename_stem=2019-09-20_01_B2203; source_row=24427 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the screenwriting website targeted not only professional writers but also aspiring writers, students, and amateurs, so it is not a professional or major trade publication, and articles on it are not scholarly articles for 'learned persons.' The film review website lacked evidence of target audience or circulation.…
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AAO found that the screenwriting website targeted not only professional writers but also aspiring writers, students, and amateurs, so it is not a professional or major trade publication, and articles on it are not scholarly articles for 'learned persons.' The film review website lacked evidence of target audience or circulation. The Academy Report article lacked evidence that membership is exclusive to professionals, and its subject (film preservation) and readership did not support classification as a scholarly article for the screenwriting and story consultancy field.
Exact record locator: findings_long.parquet filename_stem=2019-09-20_01_B2203; source_row=24425 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed with the Director that the Petitioner's documented service as a judge at film festivals and screenplay competitions satisfied criterion (iv).
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AAO agreed with the Director that the Petitioner's documented service as a judge at film festivals and screenplay competitions satisfied criterion (iv).
Exact record locator: findings_long.parquet filename_stem=2019-09-20_01_B2203; source_row=24423 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
AAO declined to conduct a formal final merits analysis because the Petitioner failed to meet the threshold of three criteria, though it noted in dicta that the record would not support a finding of sustained national or international acclaim.
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AAO declined to conduct a formal final merits analysis because the Petitioner failed to meet the threshold of three criteria, though it noted in dicta that the record would not support a finding of sustained national or international acclaim.
Exact record locator: findings_long.parquet filename_stem=2019-09-20_01_B2203; source_row=24428 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
AAO found that while the Petitioner has produced original works and successfully consulted on many projects, the evidence did not show that her work has widely influenced or impacted the broader field of playwriting, screenwriting, or story consulting beyond individual projects or single organizations.…
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found that while the Petitioner has produced original works and successfully consulted on many projects, the evidence did not show that her work has widely influenced or impacted the broader field of playwriting, screenwriting, or story consulting beyond individual projects or single organizations. Letters praising her work did not articulate field-wide impact, and the academic citations referenced her websites rather than her professional columns.
Exact record locator: findings_long.parquet filename_stem=2019-09-20_01_B2203; source_row=24424 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of post-baccalaureate progressive experience in the specialty
Why AAO was not persuaded
Although the Beneficiary appears to have more than five years of relevant work experience, that experience cannot qualify as post-baccalaureate experience under 8 C.F.R. § 204.5(k)(3)(i) because the Beneficiary lacks a qualifying foreign equivalent baccalaureate degree.
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Although the Beneficiary appears to have more than five years of relevant work experience, that experience cannot qualify as post-baccalaureate experience under 8 C.F.R. § 204.5(k)(3)(i) because the Beneficiary lacks a qualifying foreign equivalent baccalaureate degree.
Exact record locator: findings_long.parquet filename_stem=2019-09-19_01_B5203; source_row=24421 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c