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AAO maintains its prior conclusion that the record lacks evidence regarding the team and association selection criteria, the role of recognized experts in judging members, and how a Russian title designation equates to membership requiring outstanding achievements. AAO rejects the petitioner's reliance on the 2010 USCIS policy memo, finding the requirement is regulatory, not novel.
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AAO maintains its prior conclusion that the record lacks evidence regarding the team and association selection criteria, the role of recognized experts in judging members, and how a Russian title designation equates to membership requiring outstanding achievements. AAO rejects the petitioner's reliance on the 2010 USCIS policy memo, finding the requirement is regulatory, not novel.
Exact record locator: findings_long.parquet filename_stem=2017-11-09_03_B2203; source_row=22010 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination
Why AAO was not persuaded
Even considered in totality, the evidence does not show sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of the field.
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Even considered in totality, the evidence does not show sustained national or international acclaim or that the Petitioner is among the small percentage at the very top of the field.
Exact record locator: findings_long.parquet filename_stem=2017-11-09_03_B2203; source_row=22012 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Beneficiary's Texas law license has been revoked following a criminal guilty plea, so he no longer meets the licensure requirements specified in the labor certification. Eligibility must be maintained continuously from filing through adjudication.
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The Beneficiary's Texas law license has been revoked following a criminal guilty plea, so he no longer meets the licensure requirements specified in the labor certification. Eligibility must be maintained continuously from filing through adjudication.
Exact record locator: findings_long.parquet filename_stem=2017-11-09_01_B5203; source_row=22000 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 explicitly declined to conduct a formal final merits determination because the Petitioner failed to satisfy the threshold requirement of at least three criteria, though noted in dicta the record would not support the classification.
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AAO explicitly declined to conduct a formal final merits determination because the Petitioner failed to satisfy the threshold requirement of at least three criteria, though noted in dicta the record would not support the classification.
Exact record locator: findings_long.parquet filename_stem=2017-11-09_01_B2203; source_row=21999 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Despite the Petitioner not contesting this criterion on appeal, AAO sua sponte found the record contained sufficient documentation—including playbills evidencing performances with multiple orchestras and symphonies—to establish that the Petitioner satisfies the artistic display criterion.
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Despite the Petitioner not contesting this criterion on appeal, AAO sua sponte found the record contained sufficient documentation—including playbills evidencing performances with multiple orchestras and symphonies—to establish that the Petitioner satisfies the artistic display criterion.
Exact record locator: findings_long.parquet filename_stem=2017-11-09_01_B2203; source_row=21997 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of progressive post-baccalaureate experience in the job offered
Why AAO was not persuaded
AAO found that the submitted letters failed to demonstrate qualifying economist experience because the Beneficiary's activities were predominantly those of a real estate developer/investor and financial advisor, not an economist. The proportion of time spent as an economist versus in unrelated duties was never established, and the experience did not cover the advertising/marketing-focused duties of the offered position.
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AAO found that the submitted letters failed to demonstrate qualifying economist experience because the Beneficiary's activities were predominantly those of a real estate developer/investor and financial advisor, not an economist. The proportion of time spent as an economist versus in unrelated duties was never established, and the experience did not cover the advertising/marketing-focused duties of the offered position.
Exact record locator: findings_long.parquet filename_stem=2017-11-07_01_B5203; source_row=21994 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner did not provide box office receipts or sales materials, did not establish eligibility through comparable evidence under 8 C.F.R. § 204.5(h)(4), and stated he did not want to disclose the corresponding documents.
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The Petitioner did not provide box office receipts or sales materials, did not establish eligibility through comparable evidence under 8 C.F.R. § 204.5(h)(4), and stated he did not want to disclose the corresponding documents.
Exact record locator: findings_long.parquet filename_stem=2017-11-06_01_B2203; source_row=21992 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c