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AAO withdrew the director's finding on criterion (vii), holding that it is limited to the visual arts and does not apply to performance artists such as musicians. Accepting performances as satisfying this criterion would collapse it into criterion (viii) and render the three-criteria requirement meaningless.
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AAO withdrew the director's finding on criterion (vii), holding that it is limited to the visual arts and does not apply to performance artists such as musicians. Accepting performances as satisfying this criterion would collapse it into criterion (viii) and render the three-criteria requirement meaningless.
Exact record locator: findings_long.parquet filename_stem=2013-05-20_01_B2203; source_row=16418 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination
Why the evidence was persuasive
AAO found the totality of evidence sufficient to establish sustained national or international acclaim and that the petitioner is among the small percentage at the very top of the field.
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AAO found the totality of evidence sufficient to establish sustained national or international acclaim and that the petitioner is among the small percentage at the very top of the field.
Exact record locator: findings_long.parquet filename_stem=2013-05-20_01_B2203; source_row=16420 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO consulted EDGE (AACRAO's database), which found the combined three-year bachelor's and two-year master's from India to be equivalent only to a U.S. bachelor's degree, not a master's degree. The credential evaluations submitted by the petitioner that found master's-degree equivalence all relied on combining education with work experience rather than education alone, which is impermissible under the regulatory framework.…
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AAO consulted EDGE (AACRAO's database), which found the combined three-year bachelor's and two-year master's from India to be equivalent only to a U.S. bachelor's degree, not a master's degree. The credential evaluations submitted by the petitioner that found master's-degree equivalence all relied on combining education with work experience rather than education alone, which is impermissible under the regulatory framework. A three-year bachelor's degree is not a foreign equivalent degree to a U.S. baccalaureate, and combining lesser degrees or work experience cannot substitute for a full baccalaureate-equivalent degree.
Exact record locator: findings_long.parquet filename_stem=2013-05-17_02_B5203; source_row=16401 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
All awards (items 1–8) were received by the petitioner's company or its products, not the petitioner himself. Additionally, the petitioner failed to show the awards were nationally or internationally recognized beyond the presenting organizations.
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All awards (items 1–8) were received by the petitioner's company or its products, not the petitioner himself. Additionally, the petitioner failed to show the awards were nationally or internationally recognized beyond the presenting organizations.
Exact record locator: findings_long.parquet filename_stem=2013-05-17_03_B2203; source_row=16403 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organizations
Why AAO was not persuaded
The AAO withdrew the director's finding. Although the petitioner showed a leading or critical role for his own company (which has a distinguished reputation), the regulation requires such a role for distinguished 'organizations or establishments' in the plural. The petitioner also failed to show distinguished reputations for the other associations or that his role was leading or critical to them.
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The AAO withdrew the director's finding. Although the petitioner showed a leading or critical role for his own company (which has a distinguished reputation), the regulation requires such a role for distinguished 'organizations or establishments' in the plural. The petitioner also failed to show distinguished reputations for the other associations or that his role was leading or critical to them.
Exact record locator: findings_long.parquet filename_stem=2013-05-17_03_B2203; source_row=16409 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination — sustained national or international acclaim at top of field
Why AAO was not persuaded
Counsel challenged the director's final merits determination, but the AAO upheld it, finding the evidence of record fails to demonstrate sustained national or international acclaim at the very top of the field.
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Counsel challenged the director's final merits determination, but the AAO upheld it, finding the evidence of record fails to demonstrate sustained national or international acclaim at the very top of the field.
Exact record locator: findings_long.parquet filename_stem=2013-05-17_03_B2203; source_row=16411 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 AAO withdrew the director's finding that the petitioner meets this criterion. Key submitted articles were not about the petitioner, lacked required author/date information, relied on self-promotional evidence, or failed to establish that the publications qualify as major trade publications or major media.
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The AAO withdrew the director's finding that the petitioner meets this criterion. Key submitted articles were not about the petitioner, lacked required author/date information, relied on self-promotional evidence, or failed to establish that the publications qualify as major trade publications or major media.
Exact record locator: findings_long.parquet filename_stem=2013-05-17_03_B2203; source_row=16405 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c