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AAO found that criterion vii is limited to visual artists and does not apply to the petitioner, whose field is educating and social activism rather than the arts. The petitioner is not a visual artist and therefore is not eligible to meet the plain language of this criterion.
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AAO found that criterion vii is limited to visual artists and does not apply to the petitioner, whose field is educating and social activism rather than the arts. The petitioner is not a visual artist and therefore is not eligible to meet the plain language of this criterion.
Exact record locator: findings_long.parquet filename_stem=2012-01-11_02_B2203; source_row=13652 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner did not contest the director's findings on this criterion during the prior certification proceeding, so the AAO treated it as abandoned. The resubmitted evidence is also not 'new' under 8 C.F.R. § 103.5(a)(2).
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The petitioner did not contest the director's findings on this criterion during the prior certification proceeding, so the AAO treated it as abandoned. The resubmitted evidence is also not 'new' under 8 C.F.R. § 103.5(a)(2).
Exact record locator: findings_long.parquet filename_stem=2012-01-11_03_B2203; source_row=13657 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
lesser nationally or internationally recognized prizes or awards
Why AAO was not persuaded
The new embassy letter lacked corroborating documentary evidence and the petitioner failed to show it was previously unavailable. The petitioner had at least four prior opportunities to submit such evidence. No evidence submitted qualifies as 'new' under 8 C.F.R. § 103.5(a)(2).
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The new embassy letter lacked corroborating documentary evidence and the petitioner failed to show it was previously unavailable. The petitioner had at least four prior opportunities to submit such evidence. No evidence submitted qualifies as 'new' under 8 C.F.R. § 103.5(a)(2).
Exact record locator: findings_long.parquet filename_stem=2012-01-11_03_B2203; source_row=13655 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner did not contest the director's findings on this criterion during the prior certification, so the AAO treated it as abandoned. Even if the appreciation letters were considered, they would not qualify as new evidence unavailable at the time of prior proceedings.
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The petitioner did not contest the director's findings on this criterion during the prior certification, so the AAO treated it as abandoned. Even if the appreciation letters were considered, they would not qualify as new evidence unavailable at the time of prior proceedings.
Exact record locator: findings_long.parquet filename_stem=2012-01-11_03_B2203; source_row=13659 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 resubmitted articles were not new evidence but corrections to previously deficient materials. The petitioner failed to show the evidence was previously unavailable; a motion to reopen cannot be used to improve upon previously deficient evidence.
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The resubmitted articles were not new evidence but corrections to previously deficient materials. The petitioner failed to show the evidence was previously unavailable; a motion to reopen cannot be used to improve upon previously deficient evidence.
Exact record locator: findings_long.parquet filename_stem=2012-01-11_03_B2203; source_row=13656 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary's degree matches field of study required by labor certification
Why AAO was not persuaded
The labor certification required a master's in Business Administration and disallowed alternate fields; the beneficiary's MS in Mechanical Engineering does not satisfy that requirement under the plain language of the ETA Form 9089.
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The labor certification required a master's in Business Administration and disallowed alternate fields; the beneficiary's MS in Mechanical Engineering does not satisfy that requirement under the plain language of the ETA Form 9089.
Exact record locator: findings_long.parquet filename_stem=2012-01-11_01_B5203; source_row=13647 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material in professional or major trade publications or other major media
Why AAO was not persuaded
Articles either were about soccer games rather than the petitioner himself, only mentioned him in passing, lacked required author identification, or were not accompanied by circulation evidence showing the publications qualify as major media.
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Articles either were about soccer games rather than the petitioner himself, only mentioned him in passing, lacked required author identification, or were not accompanied by circulation evidence showing the publications qualify as major media.
Exact record locator: findings_long.parquet filename_stem=2012-01-10_01_B2203; source_row=13615 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
nationally or internationally recognized prizes or awards
Why AAO was not persuaded
The petitioner submitted only third-party recommendation letters rather than primary documentary evidence from organizers or newspapers. Even if the awards existed, there was no evidence they were nationally or internationally recognized beyond the presenting organizations.
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The petitioner submitted only third-party recommendation letters rather than primary documentary evidence from organizers or newspapers. Even if the awards existed, there was no evidence they were nationally or internationally recognized beyond the presenting organizations.
Exact record locator: findings_long.parquet filename_stem=2012-01-10_01_B2203; source_row=13614 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
leading or critical role for organizations or establishments with a distinguished reputation
Why AAO was not persuaded
Letters indicated a leading role but lacked official competitive results such as comprehensive team rankings distinguishing his teams from other successful soccer teams. Conclusory assertions without supporting documentary evidence were insufficient.
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Letters indicated a leading role but lacked official competitive results such as comprehensive team rankings distinguishing his teams from other successful soccer teams. Conclusory assertions without supporting documentary evidence were insufficient.
Exact record locator: findings_long.parquet filename_stem=2012-01-10_01_B2203; source_row=13617 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original athletic contributions of major significance in the field
Why AAO was not persuaded
Recommendation letters established the petitioner was a talented player but did not demonstrate original contributions of major significance. The record did not show his influence on other players or that the field changed as a result of his work.
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Distinguish original work from evidence that the contribution had major significance across the field.
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Recommendation letters established the petitioner was a talented player but did not demonstrate original contributions of major significance. The record did not show his influence on other players or that the field changed as a result of his work.
Exact record locator: findings_long.parquet filename_stem=2012-01-10_01_B2203; source_row=13616 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c