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Petitioner provided no evidence of ability to pay the proffered wage from 2009 through 2012, and no Sonegawa factors were established to overcome the documented shortfalls.
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Petitioner provided no evidence of ability to pay the proffered wage from 2009 through 2012, and no Sonegawa factors were established to overcome the documented shortfalls.
Exact record locator: findings_long.parquet filename_stem=2013-01-14_07_B5203; source_row=15671 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organizations or establishments
Why AAO was not persuaded
While AAO accepted the petitioner plays a critical role in the show, she failed to demonstrate that the individual show constitutes an organization or establishment with a distinguished reputation, as opposed to the parent company as a whole (for which she does not perform a leading role).…
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While AAO accepted the petitioner plays a critical role in the show, she failed to demonstrate that the individual show constitutes an organization or establishment with a distinguished reputation, as opposed to the parent company as a whole (for which she does not perform a leading role). The regulation also requires plural 'organizations or establishments,' and the petitioner's instructor roles at other entities were neither leading/critical nor shown to be for distinguished organizations.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_02_B2203; source_row=15641 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 contained primarily bare, conclusory assertions of widespread recognition without identifying specific contributions or explaining how those contributions influenced the field at large. Fan mail comes from audience members, not field members, and is not useful for measuring field impact.…
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 contained primarily bare, conclusory assertions of widespread recognition without identifying specific contributions or explaining how those contributions influenced the field at large. Fan mail comes from audience members, not field members, and is not useful for measuring field impact. The petitioner's media coverage, being in outlets of undocumented significance, was not determinative under this criterion.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_02_B2203; source_row=15639 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
display of work at artistic exhibitions or showcases
Why AAO was not persuaded
The AAO found that the word 'display' reveals this criterion was designed for the visual arts, involving presentation for viewing of a completed, tangible piece of art that exists independently of the artist. A circus performer performing in a show is not displaying work in that sense. This interpretation has been upheld by federal district courts.
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The AAO found that the word 'display' reveals this criterion was designed for the visual arts, involving presentation for viewing of a completed, tangible piece of art that exists independently of the artist. A circus performer performing in a show is not displaying work in that sense. This interpretation has been upheld by federal district courts.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_01_B2203; source_row=15632 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 reference letters contained primarily bare assertions and vague claims without specific examples of how the petitioner's contributions influenced the field as a whole. Fan mail from audience members does not measure impact in the field. The evidence did not rise to the level of original artistic contributions of major significance.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
View full reasoning +
The AAO found that the reference letters contained primarily bare assertions and vague claims without specific examples of how the petitioner's contributions influenced the field as a whole. Fan mail from audience members does not measure impact in the field. The evidence did not rise to the level of original artistic contributions of major significance.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_01_B2203; source_row=15631 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organization
Why AAO was not persuaded
The AAO accepted that the petitioner performs in a critical role for the show, but found she failed to demonstrate the individual show (as distinct from the parent company) constitutes an organization or establishment with a distinguished reputation. The regulation also requires roles at distinguished organizations in the plural, and the petitioner's teaching role at a circus school was not shown to be leading or critical.
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The AAO accepted that the petitioner performs in a critical role for the show, but found she failed to demonstrate the individual show (as distinct from the parent company) constitutes an organization or establishment with a distinguished reputation. The regulation also requires roles at distinguished organizations in the plural, and the petitioner's teaching role at a circus school was not shown to be leading or critical.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_01_B2203; source_row=15633 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner is a tax-exempt religious organization that does not file federal tax returns. Its unaudited financial statements cannot satisfy the regulation's requirement for audited statements. The offerings-and-expenditure reports show a net deficit each year when the proffered wage is included. Bank savings account balances averaging under $10,000 annually are insufficient to cover the shortfall.…
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The petitioner is a tax-exempt religious organization that does not file federal tax returns. Its unaudited financial statements cannot satisfy the regulation's requirement for audited statements. The offerings-and-expenditure reports show a net deficit each year when the proffered wage is included. Bank savings account balances averaging under $10,000 annually are insufficient to cover the shortfall. The line of credit is not a contractual obligation and cannot be treated as a cash asset. The totality-of-circumstances analysis under Sonegawa also does not help given the sparse record on business history and reputation.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_06_B5203; source_row=15650 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income was $39,812 (2007), $43,806 (2008), -$98,262 (2009), and $128,506 (2010), all insufficient to cover the $130,000 proffered wage after accounting for wages already paid. AAO also rejected counsel's attempt to combine net income and net current assets, finding them non-cumulative and prospective vs. retrospective measures.
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Net income was $39,812 (2007), $43,806 (2008), -$98,262 (2009), and $128,506 (2010), all insufficient to cover the $130,000 proffered wage after accounting for wages already paid. AAO also rejected counsel's attempt to combine net income and net current assets, finding them non-cumulative and prospective vs. retrospective measures.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_05_B5203; source_row=15647 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary received only $25,300 in 2007 and $18,000 in 2008 via IRS Form 1099-MISC, far below the proffered wage of $130,000/year, creating deficiencies of $104,700 and $112,000 respectively.
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The beneficiary received only $25,300 in 2007 and $18,000 in 2008 via IRS Form 1099-MISC, far below the proffered wage of $130,000/year, creating deficiencies of $104,700 and $112,000 respectively.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_05_B5203; source_row=15646 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets were $31,527 (2007), $50,984 (2008), -$724,886 (2009), and $64,358 (2010), all insufficient to cover the proffered wage. AAO also rejected the argument that net income and net current assets could be combined.
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Net current assets were $31,527 (2007), $50,984 (2008), -$724,886 (2009), and $64,358 (2010), all insufficient to cover the proffered wage. AAO also rejected the argument that net income and net current assets could be combined.
Exact record locator: findings_long.parquet filename_stem=2013-01-11_05_B5203; source_row=15648 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c