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job requires professional membership - 8 C.F.R. § 204.5(k)(3)(ii)(E)
Why AAO was not persuaded
AAO found the record does not show that the entity in question is a professional association with members, nor that wage negotiation by a union demonstrates the job requires union membership. Unsupported brief assertions are not evidence.
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AAO found the record does not show that the entity in question is a professional association with members, nor that wage negotiation by a union demonstrates the job requires union membership. Unsupported brief assertions are not evidence.
Exact record locator: findings_long.parquet filename_stem=2016-10-04_01_B5203; source_row=20740 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
Neither article is about the Petitioner—they are about students studying flood models—and thus fail the plain language requirement. Additionally, the Petitioner did not establish that a circulation of 11,000–15,000 reflects a major medium.
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Neither article is about the Petitioner—they are about students studying flood models—and thus fail the plain language requirement. Additionally, the Petitioner did not establish that a circulation of 11,000–15,000 reflects a major medium.
Exact record locator: findings_long.parquet filename_stem=2016-10-03_01_B2203; source_row=20728 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
A professional engineering license reflects compliance with minimum state requirements (education, exams, experience), not a nationally or internationally recognized prize or award for excellence.
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A professional engineering license reflects compliance with minimum state requirements (education, exams, experience), not a nationally or internationally recognized prize or award for excellence.
Exact record locator: findings_long.parquet filename_stem=2016-10-03_01_B2203; source_row=20726 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner failed to establish that the association's membership requires outstanding achievements as judged by recognized national or international experts. Holding a professional license is not tantamount to an outstanding achievement, and the association's involvement in an unrelated antitrust lawsuit does not satisfy the requirement of judging by recognized experts.
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The Petitioner failed to establish that the association's membership requires outstanding achievements as judged by recognized national or international experts. Holding a professional license is not tantamount to an outstanding achievement, and the association's involvement in an unrelated antitrust lawsuit does not satisfy the requirement of judging by recognized experts.
Exact record locator: findings_long.parquet filename_stem=2016-10-03_01_B2203; source_row=20727 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner's position as one of two engineers in a southeast region sub-office, within a broader multi-division organization, does not constitute a leading or critical role; furthermore, he did not demonstrate that the organization enjoys a distinguished reputation.
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The Petitioner's position as one of two engineers in a southeast region sub-office, within a broader multi-division organization, does not constitute a leading or critical role; furthermore, he did not demonstrate that the organization enjoys a distinguished reputation.
Exact record locator: findings_long.parquet filename_stem=2016-10-03_01_B2203; source_row=20731 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
high salary
Why AAO was not persuaded
The Petitioner failed to compare his salary to that of other professional engineers, as required by the plain language of the regulation, and thus did not establish that his salary is high in relation to others in the field.
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The Petitioner failed to compare his salary to that of other professional engineers, as required by the plain language of the regulation, and thus did not establish that his salary is high in relation to others in the field.
Exact record locator: findings_long.parquet filename_stem=2016-10-03_01_B2203; source_row=20732 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original contributions
Why AAO was not persuaded
Although the Petitioner was part of a team that worked on the flood model, he failed to establish the impact or significance of the model in the field—there is no evidence the model was ever implemented, widely applied, or that his report has been extensively cited.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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Although the Petitioner was part of a team that worked on the flood model, he failed to establish the impact or significance of the model in the field—there is no evidence the model was ever implemented, widely applied, or that his report has been extensively cited.
Exact record locator: findings_long.parquet filename_stem=2016-10-03_01_B2203; source_row=20730 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO agreed with the Director that EDGE, a reliable source for foreign credential equivalencies, classifies the Philippine five-year physical therapy degree as equivalent to a U.S. undergraduate degree.…
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The AAO agreed with the Director that EDGE, a reliable source for foreign credential equivalencies, classifies the Philippine five-year physical therapy degree as equivalent to a U.S. undergraduate degree. The credentialing organization's evaluation is based on aggregated coursework rather than the degree itself, so it does not establish whether the Beneficiary's degree alone qualifies as a foreign equivalent of an advanced degree. The Petitioner did not address EDGE's findings on appeal.
Exact record locator: findings_long.parquet filename_stem=2016-09-30_05_B5203; source_row=20725 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that 60 downloads of an online lesson plan without evidence of who downloaded it or whether it was implemented elsewhere was insufficient to establish national scope. The Petitioner's teaching impact was local, and future projections regarding his research study could not establish eligibility at the time of filing.
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AAO found that 60 downloads of an online lesson plan without evidence of who downloaded it or whether it was implemented elsewhere was insufficient to establish national scope. The Petitioner's teaching impact was local, and future projections regarding his research study could not establish eligibility at the time of filing.
Exact record locator: findings_long.parquet filename_stem=2016-09-30_04_B5203; source_row=20723 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c