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AAO found sua sponte that the Petitioner's documented performances in movies, musicals, and other venues satisfied the artistic display criterion, even though the Petitioner never claimed it.
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AAO found sua sponte that the Petitioner's documented performances in movies, musicals, and other venues satisfied the artistic display criterion, even though the Petitioner never claimed it.
Exact record locator: findings_long.parquet filename_stem=2019-02-04_04_B2203; source_row=23555 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
OtherPhD
Issue evaluated
EB-1A · Final merits
final merits determination
Why AAO was not persuaded
The AAO found that the Petitioner's two judging instances, single book with no citation history, limited artistic display, service certificates (not prizes for excellence), unqualified memberships, limited press coverage not shown to be in major media, and general letters of support collectively fail to demonstrate sustained national or international acclaim or placement among the small percentage at the very top of her field.
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The AAO found that the Petitioner's two judging instances, single book with no citation history, limited artistic display, service certificates (not prizes for excellence), unqualified memberships, limited press coverage not shown to be in major media, and general letters of support collectively fail to demonstrate sustained national or international acclaim or placement among the small percentage at the very top of her field.
Exact record locator: findings_long.parquet filename_stem=2019-02-04_03_B2203; source_row=23552 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Petitioner's direction of theatrical performances at festivals fulfilled the artistic display criterion, disagreeing with the director who had not credited this criterion.
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AAO found that the Petitioner's direction of theatrical performances at festivals fulfilled the artistic display criterion, disagreeing with the director who had not credited this criterion.
Exact record locator: findings_long.parquet filename_stem=2019-02-04_03_B2203; source_row=23551 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Beneficiary had over three years of experience before receiving his bachelor's degree, meaning he lacked sufficient post-baccalaureate experience to qualify as an advanced degree equivalent. The Petitioner itself concedes this point on appeal.
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The Beneficiary had over three years of experience before receiving his bachelor's degree, meaning he lacked sufficient post-baccalaureate experience to qualify as an advanced degree equivalent. The Petitioner itself concedes this point on appeal.
Exact record locator: findings_long.parquet filename_stem=2019-02-01_01_B5203; source_row=23535 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the Petitioner's 2016 net income was insufficient to cover even the single-petition wage shortfall, the unaudited financial statements submitted on appeal were unreliable under 8 C.F.R. § 204.5(g)(2), and the Sonegawa totality-of-circumstances factors did not overcome the inability to pay the combined proffered wages of over 70 petitions.
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The AAO found that the Petitioner's 2016 net income was insufficient to cover even the single-petition wage shortfall, the unaudited financial statements submitted on appeal were unreliable under 8 C.F.R. § 204.5(g)(2), and the Sonegawa totality-of-circumstances factors did not overcome the inability to pay the combined proffered wages of over 70 petitions.
Exact record locator: findings_long.parquet filename_stem=2019-02-01_04_B5203; source_row=23542 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages of multiple I-140 beneficiaries
Why AAO was not persuaded
The Petitioner's 2016 net income and net current assets were insufficient to cover the combined wage deficiency for 71 other beneficiaries. The unaudited financial statements did not comply with 8 C.F.R. § 204.5(g)(2). Sonegawa factors such as short operating history, absence of uncharacteristic losses, and lack of demonstrated industry reputation did not support a favorable finding.
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The Petitioner's 2016 net income and net current assets were insufficient to cover the combined wage deficiency for 71 other beneficiaries. The unaudited financial statements did not comply with 8 C.F.R. § 204.5(g)(2). Sonegawa factors such as short operating history, absence of uncharacteristic losses, and lack of demonstrated industry reputation did not support a favorable finding.
Exact record locator: findings_long.parquet filename_stem=2019-02-01_02_B5203; source_row=23538 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
60 months of qualifying registered nurse experience
Why AAO was not persuaded
The Petitioner waived this issue by not addressing it on motion or appeal. AAO affirmed the Director's finding that the experience letters were inadequate and the 60-month requirement was not met.
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The Petitioner waived this issue by not addressing it on motion or appeal. AAO affirmed the Director's finding that the experience letters were inadequate and the 60-month requirement was not met.
Exact record locator: findings_long.parquet filename_stem=2019-02-01_02_B5203; source_row=23537 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c