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The AAO declined to consider this criterion because the director's RFE had specifically requested evidence on this point and the petitioner failed to submit any evidence or assertion in the RFE response; evidence offered for the first time on appeal after notice of a deficiency will not be accepted.
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The AAO declined to consider this criterion because the director's RFE had specifically requested evidence on this point and the petitioner failed to submit any evidence or assertion in the RFE response; evidence offered for the first time on appeal after notice of a deficiency will not be accepted.
Exact record locator: findings_long.parquet filename_stem=2013-11-13_02_B2203; source_row=17220 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why AAO was not persuaded
The AAO withdrew the director's finding because the petitioner's own awards were won as an athlete, not as a coach, and the plain language of the regulation does not allow for prizes or awards won by the petitioner's students rather than by the petitioner himself.
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The AAO withdrew the director's finding because the petitioner's own awards were won as an athlete, not as a coach, and the plain language of the regulation does not allow for prizes or awards won by the petitioner's students rather than by the petitioner himself.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_02_B2203; source_row=17179 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
The AAO withdrew the director's finding because the submitted evidence did not show that the association requires outstanding achievements of members or that nationally or internationally recognized experts judge admittance, counsel's unsupported assertions do not constitute evidence, and the regulation requires membership in associations in the plural.…
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The AAO withdrew the director's finding because the submitted evidence did not show that the association requires outstanding achievements of members or that nationally or internationally recognized experts judge admittance, counsel's unsupported assertions do not constitute evidence, and the regulation requires membership in associations in the plural. Additionally, the 'National Coach' certification is a license, not an association membership.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_02_B2203; source_row=17180 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organizations
Why AAO was not persuaded
The regulation requires a leading or critical role for an organization, not merely a department. Neither organization in the record was shown to have a distinguished reputation, and the evidence regarding a city-wide clinical impact does not satisfy the regulatory requirement of a specific qualifying organization.
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The regulation requires a leading or critical role for an organization, not merely a department. Neither organization in the record was shown to have a distinguished reputation, and the evidence regarding a city-wide clinical impact does not satisfy the regulatory requirement of a specific qualifying organization.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_05_B2203; source_row=17210 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
Neither association requires outstanding achievements for basic membership. One association requires only that members share the goals of the association, pay dues, and participate, while the other's criteria of 'significant contributions' do not rise to outstanding achievement.…
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Neither association requires outstanding achievements for basic membership. One association requires only that members share the goals of the association, pay dues, and participate, while the other's criteria of 'significant contributions' do not rise to outstanding achievement. The expert letter stating the petitioner was elected for 'outstanding achievements' does not establish that such achievement is a mandatory requirement for all full members.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_05_B2203; source_row=17204 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Chief Resident position at most reflected a critical role for the residency program rather than for the institution as a whole or for the department, and the criterion requires service for organizations or establishments in the plural.
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The Chief Resident position at most reflected a critical role for the residency program rather than for the institution as a whole or for the department, and the criterion requires service for organizations or establishments in the plural.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_03_B2203; source_row=17189 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why AAO was not persuaded
Finalist status is not a prize or award under the plain language of the criterion, and the petitioner failed to submit independent documentation of national recognition for the Merit Award; moreover, the criterion requires prizes or awards in the plural.
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Finalist status is not a prize or award under the plain language of the criterion, and the petitioner failed to submit independent documentation of national recognition for the Merit Award; moreover, the criterion requires prizes or awards in the plural.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_03_B2203; source_row=17184 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why AAO was not persuaded
The AAO found the job as associate concertmaster is not a prize or award, the fellowship lacked evidence of being conferred for excellence, and the regional competitions lacked evidence of national or international recognition, with the only supporting evidence being a self-promotional press release.
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The AAO found the job as associate concertmaster is not a prize or award, the fellowship lacked evidence of being conferred for excellence, and the regional competitions lacked evidence of national or international recognition, with the only supporting evidence being a self-promotional press release.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_04_B2203; source_row=17194 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material about the alien in professional or major trade publications or other major media
Why AAO was not persuaded
The submitted articles reference the petitioner but are not about the petitioner; the regulation requires the material be 'about the alien.' Counsel's unsupported assertions about the publications' status do not constitute evidence, and the petitioner did not provide requested circulation data.
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The submitted articles reference the petitioner but are not about the petitioner; the regulation requires the material be 'about the alien.' Counsel's unsupported assertions about the publications' status do not constitute evidence, and the petitioner did not provide requested circulation data.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_04_B2203; source_row=17196 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for organizations with distinguished reputation
Why AAO was not persuaded
The orchestras the petitioner served were not among those referenced in an article about top orchestras, and a single expert's characterization of one orchestra as 'one of the best mid-level orchestras' is insufficient to establish distinguished reputation.…
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The orchestras the petitioner served were not among those referenced in an article about top orchestras, and a single expert's characterization of one orchestra as 'one of the best mid-level orchestras' is insufficient to establish distinguished reputation. Even assuming one orchestra had a distinguished reputation, the criterion's plural wording requires evidence of a leading or critical role in multiple organizations with distinguished reputations.
Exact record locator: findings_long.parquet filename_stem=2013-11-12_04_B2203; source_row=17200 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c