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60 months of progressive experience in the job offered or alternate occupations
Why AAO was not persuaded
The resubmitted experience letters still did not provide a sufficient description of the beneficiary's job duties and lacked the independent, objective evidence necessary to establish qualifying prior work experience under Matter of Ho.
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The resubmitted experience letters still did not provide a sufficient description of the beneficiary's job duties and lacked the independent, objective evidence necessary to establish qualifying prior work experience under Matter of Ho.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_06_B5203; source_row=13855 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
national in scope
Why the evidence was persuasive
AAO withdrew the director's finding because the field of advertising consulting is not inherently local and national advertising campaigns are commonplace; the national scope prong relates to the occupation, not the individual.
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AAO withdrew the director's finding because the field of advertising consulting is not inherently local and national advertising campaigns are commonplace; the national scope prong relates to the occupation, not the individual.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_02_B5203; source_row=13851 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
benefit national interest to substantially greater degree than available U.S. worker
Why AAO was not persuaded
AAO found the witness letters offered vague predictions and uncorroborated claims, that indirect evidence of a 2003 meeting did not establish responsibility for restructuring the auto industry, and that success in one field does not ensure success in a different field. Petitioner's prior achievements do not justify projections of future benefit in his newly adopted advertising field.
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AAO found the witness letters offered vague predictions and uncorroborated claims, that indirect evidence of a 2003 meeting did not establish responsibility for restructuring the auto industry, and that success in one field does not ensure success in a different field. Petitioner's prior achievements do not justify projections of future benefit in his newly adopted advertising field.
Exact record locator: findings_long.parquet filename_stem=2012-02-21_02_B5203; source_row=13852 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
national interest to a substantially greater degree than available U.S. workers
Why AAO was not persuaded
The AAO found that the petitioner's credentials, certifications, and TRB participation demonstrate she is a well-trained professional but do not show she has been an especially influential figure in her field or that her work had lasting or widespread impact on the profession. Academic degrees and certifications sufficient to support exceptional ability cannot alone establish eligibility for a national interest waiver.…
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The AAO found that the petitioner's credentials, certifications, and TRB participation demonstrate she is a well-trained professional but do not show she has been an especially influential figure in her field or that her work had lasting or widespread impact on the profession. Academic degrees and certifications sufficient to support exceptional ability cannot alone establish eligibility for a national interest waiver. Post-filing TRB invitations cannot retroactively establish eligibility as of the filing date.
Exact record locator: findings_long.parquet filename_stem=2012-02-17_02_B5203; source_row=13834 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Waiver on balance
national interest served to substantially greater degree than U.S. worker
Why AAO was not persuaded
The AAO found that the petitioner's citation record was modest and partially self-cited, his biofuel research had been abandoned shortly after filing the petition, his subsequent desalination work post-dated the filing date and could not establish retroactive eligibility, and the supporting letters were of questionable provenance and insufficiently corroborated.…
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The AAO found that the petitioner's citation record was modest and partially self-cited, his biofuel research had been abandoned shortly after filing the petition, his subsequent desalination work post-dated the filing date and could not establish retroactive eligibility, and the supporting letters were of questionable provenance and insufficiently corroborated. The petitioner had not demonstrated sustained interest in his work outside of his home institution.
Exact record locator: findings_long.parquet filename_stem=2012-02-17_03_B5203; source_row=13837 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial intrinsic merit
Why the evidence was persuasive
The AAO did not dispute that alternative fuel research and desalination have substantial intrinsic merit, consistent with the director's acknowledgment.
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The AAO did not dispute that alternative fuel research and desalination have substantial intrinsic merit, consistent with the director's acknowledgment.
Exact record locator: findings_long.parquet filename_stem=2012-02-17_03_B5203; source_row=13835 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The employer letter described part-time teaching fellowship duties, not five years of full-time public performance experience. Performance certificates documented only individual events of brief duration. The beneficiary's own ETA 750 listed only part-time university employment, and no evidence reconciled the inconsistencies.
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The employer letter described part-time teaching fellowship duties, not five years of full-time public performance experience. Performance certificates documented only individual events of brief duration. The beneficiary's own ETA 750 listed only part-time university employment, and no evidence reconciled the inconsistencies.
Exact record locator: findings_long.parquet filename_stem=2012-02-17_01_B5203; source_row=13831 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Unaudited financial statements were not persuasive because they were compilations rather than audits. Certificates of deposit and bank statements were insufficient substitutes for audited balance sheets, and even assuming zero liabilities, the cash figures would not cover the proffered wage through 2008.
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Unaudited financial statements were not persuasive because they were compilations rather than audits. Certificates of deposit and bank statements were insufficient substitutes for audited balance sheets, and even assuming zero liabilities, the cash figures would not cover the proffered wage through 2008.
Exact record locator: findings_long.parquet filename_stem=2012-02-17_01_B5203; source_row=13829 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c