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AAO withdrew the Director's finding, concluding that the evidence did not demonstrate that the Petitioner's duties as a handball referee/judge involved evaluating or judging the work or skills of competitors, as opposed to merely enforcing rules. Furthermore, the appointment letter did not show that the Petitioner actually served in the position or that the duties involved judging the work of others.
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AAO withdrew the Director's finding, concluding that the evidence did not demonstrate that the Petitioner's duties as a handball referee/judge involved evaluating or judging the work or skills of competitors, as opposed to merely enforcing rules. Furthermore, the appointment letter did not show that the Petitioner actually served in the position or that the duties involved judging the work of others.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B2203; source_row=24252 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
high salary or significantly high remuneration
Why AAO was not persuaded
AAO found the Petitioner did not compare his salary to others in the same field (handball players), but rather to the general average for culture and sport. The comparison to a broader occupational category rather than to other handball players was insufficient to establish high salary relative to others in the field.
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AAO found the Petitioner did not compare his salary to others in the same field (handball players), but rather to the general average for culture and sport. The comparison to a broader occupational category rather than to other handball players was insufficient to establish high salary relative to others in the field.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B2203; source_row=24254 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for organizations with a distinguished reputation
Why AAO was not persuaded
AAO agreed the Petitioner performed in a leading role as team captain, but found he did not demonstrate that his team had a distinguished reputation. League standings and membership regulations were insufficient to establish eminence or distinction relative to other handball teams.
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AAO agreed the Petitioner performed in a leading role as team captain, but found he did not demonstrate that his team had a distinguished reputation. League standings and membership regulations were insufficient to establish eminence or distinction relative to other handball teams.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B2203; source_row=24253 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
AAO found the Petitioner did not demonstrate membership with an Olympic team. The letter from the Handball Sports School confirmed only membership on a junior national team, and the Petitioner did not show that Olympic reserve status or junior national team membership is equivalent to Olympic team membership.
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AAO found the Petitioner did not demonstrate membership with an Olympic team. The letter from the Handball Sports School confirmed only membership on a junior national team, and the Petitioner did not show that Olympic reserve status or junior national team membership is equivalent to Olympic team membership.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B2203; source_row=24250 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 determination because the Petitioner did not meet the threshold of three evidentiary criteria, but noted in dicta that the record does not support a finding of the required acclaim.
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AAO declined to conduct a formal final merits determination because the Petitioner did not meet the threshold of three evidentiary criteria, but noted in dicta that the record does not support a finding of the required acclaim.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B2203; source_row=24255 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
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 the Petitioner did not establish that sobaka.ru qualifies as a professional or major trade publication or other major medium. The website's self-promotional claims about readership were not supported by independent, objective evidence, and the Petitioner did not demonstrate the significance of the claimed 800 thousand monthly visitors.
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AAO found the Petitioner did not establish that sobaka.ru qualifies as a professional or major trade publication or other major medium. The website's self-promotional claims about readership were not supported by independent, objective evidence, and the Petitioner did not demonstrate the significance of the claimed 800 thousand monthly visitors.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B2203; source_row=24251 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed with the Director that the Petitioner received nationally recognized awards at handball tournaments in Russia, satisfying the awards criterion.
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AAO agreed with the Director that the Petitioner received nationally recognized awards at handball tournaments in Russia, satisfying the awards criterion.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B2203; source_row=24249 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner did not submit financial statements for 2018, the year of the priority date, and thus the record does not establish ability to pay from the priority date forward. AAO also noted the Petitioner must demonstrate ability to pay the combined proffered wages of this and at least 10 other approved petitions.
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The Petitioner did not submit financial statements for 2018, the year of the priority date, and thus the record does not establish ability to pay from the priority date forward. AAO also noted the Petitioner must demonstrate ability to pay the combined proffered wages of this and at least 10 other approved petitions.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_02_B5203; source_row=24259 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary met all DOL-certified position requirements by priority date
Why AAO was not persuaded
AAO affirmed that a beneficiary must meet all DOL-certified job requirements by the petition's priority date. The Beneficiary had not completed the fellowship or attained critical care certification eligibility by January 18, 2018.…
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AAO affirmed that a beneficiary must meet all DOL-certified job requirements by the petition's priority date. The Beneficiary had not completed the fellowship or attained critical care certification eligibility by January 18, 2018. The Petitioner's own appeal brief confirmed the fellowship and certification were necessary to perform the job duties, and Wing's Tea House forecloses allowance of a priority date when the beneficiary is not yet qualified.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_02_B5203; source_row=24258 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Form W-2 ascribes a different Social Security number to the Beneficiary than indicated on the Form I-140, casting doubt on its authenticity, so AAO will not credit the claimed payment toward the proffered wage.
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The Form W-2 ascribes a different Social Security number to the Beneficiary than indicated on the Form I-140, casting doubt on its authenticity, so AAO will not credit the claimed payment toward the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2019-07-30_01_B5203; source_row=24257 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c