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The petitioner submitted no evidence of uncharacteristic losses or exceptional circumstances comparable to Sonegawa. The 2009 tax return showed a significant dip in gross revenue indicating business decline, not a temporary aberration. The Construction and Design Co. case was distinguishable on its facts and originated outside the relevant jurisdiction.
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The petitioner submitted no evidence of uncharacteristic losses or exceptional circumstances comparable to Sonegawa. The 2009 tax return showed a significant dip in gross revenue indicating business decline, not a temporary aberration. The Construction and Design Co. case was distinguishable on its facts and originated outside the relevant jurisdiction.
Exact record locator: findings_long.parquet filename_stem=2012-08-24_02_B5203; source_row=15263 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's net income was -$83,531 in 2009 and only $24,817 in 2010, insufficient to cover the proffered wage. Per River Street Donuts and Chi-Feng Chang, depreciation may not be added back to net income because it represents a real cost of doing business.
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The petitioner's net income was -$83,531 in 2009 and only $24,817 in 2010, insufficient to cover the proffered wage. Per River Street Donuts and Chi-Feng Chang, depreciation may not be added back to net income because it represents a real cost of doing business.
Exact record locator: findings_long.parquet filename_stem=2012-08-24_02_B5203; source_row=15261 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO withdrew the director's finding, concluding that the petitioner failed to provide independent, objective evidence that the organizations had a distinguished reputation; reliance on self-promotional website screenshots was insufficient; editorial board service was better addressed under the judging criterion; and the petitioner's instructor role at FIU was not leading or critical to the institution.
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AAO withdrew the director's finding, concluding that the petitioner failed to provide independent, objective evidence that the organizations had a distinguished reputation; reliance on self-promotional website screenshots was insufficient; editorial board service was better addressed under the judging criterion; and the petitioner's instructor role at FIU was not leading or critical to the institution.
Exact record locator: findings_long.parquet filename_stem=2012-08-23_01_B2203; source_row=15231 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found only four total citations to the petitioner's work, no evidence that articles were unusually influential, and recommendation letters that were vague and failed to identify specific contributions of major significance or explain how contributions impacted the field.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found only four total citations to the petitioner's work, no evidence that articles were unusually influential, and recommendation letters that were vague and failed to identify specific contributions of major significance or explain how contributions impacted the field.
Exact record locator: findings_long.parquet filename_stem=2012-08-23_01_B2203; source_row=15229 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the awards either not demonstrably for excellence in mechanical engineering, not proven to be received, not nationally/internationally recognized, or merely for conference participation rather than excellence in the field.
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AAO found the awards either not demonstrably for excellence in mechanical engineering, not proven to be received, not nationally/internationally recognized, or merely for conference participation rather than excellence in the field.
Exact record locator: findings_long.parquet filename_stem=2012-08-23_01_B2203; source_row=15225 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the petitioner's evidence largely concentrated before 2004, with minimal citations (only 4), limited recent publications (2 after 2004), no recent judging activity after 2003, and recommendation letters that were vague and unhelpful. The totality failed to show sustained top-level acclaim.
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AAO found the petitioner's evidence largely concentrated before 2004, with minimal citations (only 4), limited recent publications (2 after 2004), no recent judging activity after 2003, and recommendation letters that were vague and unhelpful. The totality failed to show sustained top-level acclaim.
Exact record locator: findings_long.parquet filename_stem=2012-08-23_01_B2203; source_row=15232 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO withdrew the director's finding, holding that the artistic display criterion is limited to visual arts — a performing artist performing before an audience does not 'display' work in the same sense as a painter or sculptor displaying work in a gallery. Treating performances as artistic displays would render the three-criteria requirement meaningless by collapsing this criterion into the leading/critical role criterion.
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AAO withdrew the director's finding, holding that the artistic display criterion is limited to visual arts — a performing artist performing before an audience does not 'display' work in the same sense as a painter or sculptor displaying work in a gallery. Treating performances as artistic displays would render the three-criteria requirement meaningless by collapsing this criterion into the leading/critical role criterion.
Exact record locator: findings_long.parquet filename_stem=2012-08-23_02_B2203; source_row=15235 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
AAO withdrew the director's finding because none of the submitted materials constituted published material 'about' the petitioner — most items merely mentioned her as one of several performers — and because the petitioner failed to establish that the publications/websites qualified as major media. Additionally, many items lacked required title, date, or author information.
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AAO withdrew the director's finding because none of the submitted materials constituted published material 'about' the petitioner — most items merely mentioned her as one of several performers — and because the petitioner failed to establish that the publications/websites qualified as major media. Additionally, many items lacked required title, date, or author information.
Exact record locator: findings_long.parquet filename_stem=2012-08-23_02_B2203; source_row=15234 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Proffered position requires an advanced degree or equivalent
Why the evidence was persuasive
AAO read the ETA Form 9089 as a whole, finding that Box 10's five-year alternate-occupation experience requirement combines with Box 4's bachelor's degree requirement, and that Box 14's 'any suitable combination' language is modified by the explicit minimum-requirements sentence that follows.
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AAO read the ETA Form 9089 as a whole, finding that Box 10's five-year alternate-occupation experience requirement combines with Box 4's bachelor's degree requirement, and that Box 14's 'any suitable combination' language is modified by the explicit minimum-requirements sentence that follows.
Exact record locator: findings_long.parquet filename_stem=2012-08-23_01_B5203; source_row=15233 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the labor certification entries, read together, require both a bachelor's degree and five years of alternate-occupation experience, and that this combination satisfies the advanced-degree equivalency definition under 8 C.F.R. § 204.5(k)(2).
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The AAO found that the labor certification entries, read together, require both a bachelor's degree and five years of alternate-occupation experience, and that this combination satisfies the advanced-degree equivalency definition under 8 C.F.R. § 204.5(k)(2).
Exact record locator: findings_long.parquet filename_stem=2012-08-23_02_B5203; source_row=15238 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c