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AAO treated the criterion as abandoned on appeal. In considering comparable evidence, AAO also found that the team in question was one of 40 U.S. teams competing nationally and the petitioner did not demonstrate the requirements for membership were comparable to outstanding achievements.
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AAO treated the criterion as abandoned on appeal. In considering comparable evidence, AAO also found that the team in question was one of 40 U.S. teams competing nationally and the petitioner did not demonstrate the requirements for membership were comparable to outstanding achievements.
Exact record locator: findings_long.parquet filename_stem=2015-07-22_02_B2203; source_row=19542 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO treated the criterion as abandoned on appeal. In evaluating comparable evidence, AAO also found that the petitioner had not demonstrated the relevant team enjoyed a distinguished reputation.
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AAO treated the criterion as abandoned on appeal. In evaluating comparable evidence, AAO also found that the petitioner had not demonstrated the relevant team enjoyed a distinguished reputation.
Exact record locator: findings_long.parquet filename_stem=2015-07-22_02_B2203; source_row=19545 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why the evidence was persuasive
On appeal, the petitioner argued that her Olympic team membership should be considered comparable evidence under 8 C.F.R. § 204.5(h)(4). AAO agreed, finding that Olympic team membership is of the same caliber as the regulatory criterion because such teams are limited in membership and have a rigorous selection process, and withdrew the director's adverse finding.
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On appeal, the petitioner argued that her Olympic team membership should be considered comparable evidence under 8 C.F.R. § 204.5(h)(4). AAO agreed, finding that Olympic team membership is of the same caliber as the regulatory criterion because such teams are limited in membership and have a rigorous selection process, and withdrew the director's adverse finding.
Exact record locator: findings_long.parquet filename_stem=2015-07-22_01_B2203; source_row=19537 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
The membership letters were conclusory and not supported by the association's bylaws or official membership policies. The evidence did not show that recognized national or international experts judged membership candidates. Memberships in other associations were abandoned on appeal.
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The membership letters were conclusory and not supported by the association's bylaws or official membership policies. The evidence did not show that recognized national or international experts judged membership candidates. Memberships in other associations were abandoned on appeal.
Exact record locator: findings_long.parquet filename_stem=2015-07-17_01_B2203; source_row=19527 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's award certificates lacked certified English translations meeting regulatory requirements. The letters from award organizers were insufficient to show recognition beyond the organizing entities. Mere nominations do not satisfy the plain language of the criterion requiring actual receipt of prizes or awards. Other accolades were abandoned on appeal.
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The petitioner's award certificates lacked certified English translations meeting regulatory requirements. The letters from award organizers were insufficient to show recognition beyond the organizing entities. Mere nominations do not satisfy the plain language of the criterion requiring actual receipt of prizes or awards. Other accolades were abandoned on appeal.
Exact record locator: findings_long.parquet filename_stem=2015-07-17_01_B2203; source_row=19526 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The album sales data came from an unreliable source that did not disclose its methodology. The petitioner did not show what portion of earnings derived from album or ticket sales, did not provide comparable sales data for other artists, and radio airplay is not the type of evidence the criterion requires.
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The album sales data came from an unreliable source that did not disclose its methodology. The petitioner did not show what portion of earnings derived from album or ticket sales, did not provide comparable sales data for other artists, and radio airplay is not the type of evidence the criterion requires.
Exact record locator: findings_long.parquet filename_stem=2015-07-17_01_B2203; source_row=19534 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
The reference letters were vague, failed to identify specific original contributions, and many contained virtually identical language suggesting they were not the authors' own words. No letter specifically identified what the petitioner did that was original or demonstrated that her work had a major impact on the field.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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The reference letters were vague, failed to identify specific original contributions, and many contained virtually identical language suggesting they were not the authors' own words. No letter specifically identified what the petitioner did that was original or demonstrated that her work had a major impact on the field.
Exact record locator: findings_long.parquet filename_stem=2015-07-17_01_B2203; source_row=19530 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
Newspaper articles were conclusory and did not specify actual earnings or comparative earnings of others. The accountant's letter was based on unsubstantiated information from the petitioner's brother. Contract agreements did not specify the currency. Crucially, the petitioner provided no comparative salary data for others in the field.
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Newspaper articles were conclusory and did not specify actual earnings or comparative earnings of others. The accountant's letter was based on unsubstantiated information from the petitioner's brother. Contract agreements did not specify the currency. Crucially, the petitioner provided no comparative salary data for others in the field.
Exact record locator: findings_long.parquet filename_stem=2015-07-17_01_B2203; source_row=19533 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c