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The director found and the AAO accepted that the petitioner had participated as a judge of the work of others; this criterion was not disputed on appeal.
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The director found and the AAO accepted that the petitioner had participated as a judge of the work of others; this criterion was not disputed on appeal.
Exact record locator: findings_long.parquet filename_stem=2012-12-05_05_B2203; source_row=15430 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationNot pursuedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
high salary or remuneration
What the decision said
Counsel failed to address the director's findings, including that the job offer letter did not mention the petitioner's name, did not constitute an offer, and was unsigned. No evidence showed the petitioner had commanded a high salary. The claim was deemed abandoned.
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Counsel failed to address the director's findings, including that the job offer letter did not mention the petitioner's name, did not constitute an offer, and was unsigned. No evidence showed the petitioner had commanded a high salary. The claim was deemed abandoned.
Exact record locator: findings_long.parquet filename_stem=2012-12-05_05_B2203; source_row=15433 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ineffective assistance of counsel (Lozada requirements)
Why AAO was not persuaded
The prior AAO decision found the petitioner failed to satisfy the Lozada requirements for an ineffective assistance of counsel claim, and in the current motion the petitioner does not challenge that determination or assert the AAO's prior reliance on Lozada was erroneous.
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The prior AAO decision found the petitioner failed to satisfy the Lozada requirements for an ineffective assistance of counsel claim, and in the current motion the petitioner does not challenge that determination or assert the AAO's prior reliance on Lozada was erroneous.
Exact record locator: findings_long.parquet filename_stem=2012-12-05_01_B2203; source_row=15407 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO maintained its fraud finding, noting the petitioner failed to establish she was represented by the attorneys alleged to have committed fraud, and that she personally signed the Form I-140 under penalty of perjury.
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The AAO maintained its fraud finding, noting the petitioner failed to establish she was represented by the attorneys alleged to have committed fraud, and that she personally signed the Form I-140 under penalty of perjury.
Exact record locator: findings_long.parquet filename_stem=2012-12-05_01_B2203; source_row=15406 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets education requirements stated on ETA Form 9089
Why AAO was not persuaded
Without a U.S. bachelor's degree or single foreign equivalent, the beneficiary fails to meet either the primary master's requirement or the alternative bachelor's-plus-five-years requirement on the labor certification.
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Without a U.S. bachelor's degree or single foreign equivalent, the beneficiary fails to meet either the primary master's requirement or the alternative bachelor's-plus-five-years requirement on the labor certification.
Exact record locator: findings_long.parquet filename_stem=2012-12-05_03_B5203; source_row=15416 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO concludes that, applying the plain language of the labor certification, the beneficiary's three-year B.Com. plus ICAI credential does not constitute a master's degree or foreign educational equivalent in accounting.
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AAO concludes that, applying the plain language of the labor certification, the beneficiary's three-year B.Com. plus ICAI credential does not constitute a master's degree or foreign educational equivalent in accounting.
Exact record locator: findings_long.parquet filename_stem=2012-12-05_02_B5203; source_row=15409 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · High remunerationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · High remuneration
commercial success in the performing arts
Why AAO was not persuaded
Although co-composing on a national-level film is an accomplishment, the petitioner failed to show that the film's commercial sales could be attributed to him. He was not prominently featured in promotional materials, and only two of many reviews mentioned the music.
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Although co-composing on a national-level film is an accomplishment, the petitioner failed to show that the film's commercial sales could be attributed to him. He was not prominently featured in promotional materials, and only two of many reviews mentioned the music.
Exact record locator: findings_long.parquet filename_stem=2012-12-05_03_B2203; source_row=15413 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for distinguished organizations
Why AAO was not persuaded
AAO found that one-time art/theater projects do not qualify as organizations or establishments; for sponsoring organizations like the Polish Theatre, the petitioner failed to show his role was critical; and the petitioner failed to substantiate the distinguished reputation of the various musical groups he participated in.
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AAO found that one-time art/theater projects do not qualify as organizations or establishments; for sponsoring organizations like the Polish Theatre, the petitioner failed to show his role was critical; and the petitioner failed to substantiate the distinguished reputation of the various musical groups he participated in.
Exact record locator: findings_long.parquet filename_stem=2012-12-04_03_B2203; source_row=15405 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why AAO was not persuaded
AAO found that most submitted items were not awards or prizes (acceptances/finalist status), and that for the two items that could be prizes, the petitioner submitted only a letter attestation (item 5) or a certificate without documentation of national recognition (item 6).
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AAO found that most submitted items were not awards or prizes (acceptances/finalist status), and that for the two items that could be prizes, the petitioner submitted only a letter attestation (item 5) or a certificate without documentation of national recognition (item 6).
Exact record locator: findings_long.parquet filename_stem=2012-12-04_03_B2203; source_row=15401 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c