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The petitioner's awards were earned as a competitive swimmer, not as a coach. Since the field for which classification is sought is coaching, swimming awards do not establish national or international recognition as a coach.
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The petitioner's awards were earned as a competitive swimmer, not as a coach. Since the field for which classification is sought is coaching, swimming awards do not establish national or international recognition as a coach.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_01_B2203; source_row=19063 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
The submitted articles lacked properly certified translations meeting the requirements of 8 C.F.R. § 103.2(b)(3) and could not be accorded probative weight. Additionally, the articles related to competitive swimming, not coaching, and there was no circulation evidence showing the publications were major media.
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The submitted articles lacked properly certified translations meeting the requirements of 8 C.F.R. § 103.2(b)(3) and could not be accorded probative weight. Additionally, the articles related to competitive swimming, not coaching, and there was no circulation evidence showing the publications were major media.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_01_B2203; source_row=19065 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
high salary or remuneration
Why AAO was not persuaded
The AAO found that the petitioner's earned salary was substantially below average salaries in his professions, his dividend income from his business was not evidence of salary as a writer/speaker/magician, and the average/median salary comparisons did not establish that his earnings were high in relation to others in the field.
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The AAO found that the petitioner's earned salary was substantially below average salaries in his professions, his dividend income from his business was not evidence of salary as a writer/speaker/magician, and the average/median salary comparisons did not establish that his earnings were high in relation to others in the field.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_02_B2203; source_row=19074 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organizations
Why AAO was not persuaded
The AAO found that the letters confirmed the petitioner provided lectures and shows but did not provide specific information establishing a leading or critical role, and that occasional or one-time performances do not rise to the level required by this criterion.
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The AAO found that the letters confirmed the petitioner provided lectures and shows but did not provide specific information establishing a leading or critical role, and that occasional or one-time performances do not rise to the level required by this criterion.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_02_B2203; source_row=19073 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO upheld the director's interpretation that this criterion is limited to the visual arts, and since the petitioner is not a visual artist and has not created tangible pieces of art displayed at artistic exhibitions, the criterion is not met.
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The AAO upheld the director's interpretation that this criterion is limited to the visual arts, and since the petitioner is not a visual artist and has not created tangible pieces of art displayed at artistic exhibitions, the criterion is not met.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_02_B2203; source_row=19072 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 AAO found that the letters and evidence submitted showed only individual or limited impact rather than major significance in the field as a whole, and that authorship and publication of books and CDs alone is insufficient without evidence of major significance.
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Distinguish original work from evidence that the contribution had major significance across the field.
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The AAO found that the letters and evidence submitted showed only individual or limited impact rather than major significance in the field as a whole, and that authorship and publication of books and CDs alone is insufficient without evidence of major significance.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_02_B2203; source_row=19071 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material in major media
Why AAO was not persuaded
The AAO found that the petitioner failed to provide compliant full translations, failed to establish that publications qualify as professional or major trade publications or other major media, and failed to include the date and/or author for many articles.
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The AAO found that the petitioner failed to provide compliant full translations, failed to establish that publications qualify as professional or major trade publications or other major media, and failed to include the date and/or author for many articles.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_02_B2203; source_row=19070 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO withdrew the director's erroneous interpretation that the criterion requires more than one award, but still concluded the criterion was not met because the petitioner failed to demonstrate that either the [REDACTED] Award or the [REDACTED] awards are nationally or internationally recognized for excellence beyond the awarding entity.
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The AAO withdrew the director's erroneous interpretation that the criterion requires more than one award, but still concluded the criterion was not met because the petitioner failed to demonstrate that either the [REDACTED] Award or the [REDACTED] awards are nationally or internationally recognized for excellence beyond the awarding entity.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_02_B2203; source_row=19068 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 full final merits determination because the petitioner did not satisfy the antecedent requirement of meeting at least three criteria, though AAO noted the aggregate evidence was insufficient.
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AAO declined to conduct a full final merits determination because the petitioner did not satisfy the antecedent requirement of meeting at least three criteria, though AAO noted the aggregate evidence was insufficient.
Exact record locator: findings_long.parquet filename_stem=2015-02-06_01_B2203; source_row=19067 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c