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official academic record relating to area of exceptional ability
Why AAO was not persuaded
The beneficiary's vocational education courses do not directly relate to the proffered position of safety and maintenance manager, the area of alleged exceptional ability, and therefore do not meet the plain language of the regulation.
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The beneficiary's vocational education courses do not directly relate to the proffered position of safety and maintenance manager, the area of alleged exceptional ability, and therefore do not meet the plain language of the regulation.
Exact record locator: findings_long.parquet filename_stem=2011-10-12_01_B5203; source_row=13253 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWten years experienceEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
ten years experience
at least ten years of full-time experience in the occupation
Why the evidence was persuasive
AAO accepted the beneficiary's experience as president of maintenance and security as meeting the ten-year experience criterion for purposes of the exceptional ability analysis, though the letter lacked detail about the company's services.
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AAO accepted the beneficiary's experience as president of maintenance and security as meeting the ten-year experience criterion for purposes of the exceptional ability analysis, though the letter lacked detail about the company's services.
Exact record locator: findings_long.parquet filename_stem=2011-10-12_01_B5203; source_row=13254 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination — degree of expertise significantly above ordinarily encountered
Why AAO was not persuaded
Considering all evidence, the only noteworthy evidence was over ten years of experience, which alone cannot establish exceptional ability. The beneficiary's vocational education was unrelated to the proffered position, he lacked licensure or certification, the petitioner failed to show his salary was significantly above comparable workers, he held no professional association memberships, and no evidence showed recognition f…
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Considering all evidence, the only noteworthy evidence was over ten years of experience, which alone cannot establish exceptional ability. The beneficiary's vocational education was unrelated to the proffered position, he lacked licensure or certification, the petitioner failed to show his salary was significantly above comparable workers, he held no professional association memberships, and no evidence showed recognition for significant industry contributions.
Exact record locator: findings_long.parquet filename_stem=2011-10-12_01_B5203; source_row=13259 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWlicense or certificationNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
license or certification
license to practice the profession or certification for a particular occupation
Why AAO was not persuaded
A gun license is not relevant to the duties of the position of safety and maintenance manager in the United States and does not satisfy this criterion.
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A gun license is not relevant to the duties of the position of safety and maintenance manager in the United States and does not satisfy this criterion.
Exact record locator: findings_long.parquet filename_stem=2011-10-12_01_B5203; source_row=13255 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agrees that, read by its plain language, the ETA Form 9089 requires a master's or foreign equivalent and disallows combinations, which the beneficiary's credentials cannot satisfy.
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AAO agrees that, read by its plain language, the ETA Form 9089 requires a master's or foreign equivalent and disallows combinations, which the beneficiary's credentials cannot satisfy.
Exact record locator: findings_long.parquet filename_stem=2011-10-12_04_B5203; source_row=13261 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
continuing ability to pay proffered wage from priority date
Why AAO was not persuaded
AAO concluded that the parent holding company has no legal obligation to pay the beneficiary, and the petitioner did not show payment of the wage, sufficient net income, or sufficient net current assets in 2007.
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AAO concluded that the parent holding company has no legal obligation to pay the beneficiary, and the petitioner did not show payment of the wage, sufficient net income, or sufficient net current assets in 2007.
Exact record locator: findings_long.parquet filename_stem=2011-10-12_04_B5203; source_row=13262 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO applied the plain language of the labor certification and found that an ABD is not a degree above a baccalaureate as required by 8 C.F.R. § 204.5(k)(2). The petitioner failed to show that all Ph.D. programs in risk management and insurance require a master's degree for entry or award master's degrees before the ABD stage, and the beneficiary's personal completion of a master's degree was not decisive.
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AAO applied the plain language of the labor certification and found that an ABD is not a degree above a baccalaureate as required by 8 C.F.R. § 204.5(k)(2). The petitioner failed to show that all Ph.D. programs in risk management and insurance require a master's degree for entry or award master's degrees before the ABD stage, and the beneficiary's personal completion of a master's degree was not decisive.
Exact record locator: findings_long.parquet filename_stem=2011-10-11_01_B5203; source_row=13251 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Waiver on balanceNot establishedAutomated extraction · broader context
Case facts
Mechanical / Manufacturing EngineeringPhysician
Issue evaluated
NIW · Waiver on balance
serve the national interest to a substantially greater degree than an available U.S. worker
Why AAO was not persuaded
The AAO found that the petitioner's prior achievements in medical robotics did not translate to prospective benefit in the financial field, that he had not published in his current field as of the filing date, and that the approved labor certification undermined arguments that the labor certification process could not account for his attributes.
Why this is useful
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The AAO found that the petitioner's prior achievements in medical robotics did not translate to prospective benefit in the financial field, that he had not published in his current field as of the filing date, and that the approved labor certification undermined arguments that the labor certification process could not account for his attributes.
Exact record locator: findings_long.parquet filename_stem=2011-10-06_03_B5203; source_row=13249 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
benefit to national interest substantially greater than a U.S. worker
Why AAO was not persuaded
AAO found the petitioner offered only anecdotal witness statements, his career did not focus primarily on historic preservation, and the labor certification requirement does not permanently constrain employment, so the prospective benefit over a U.S. worker was not established.
Why this is useful
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AAO found the petitioner offered only anecdotal witness statements, his career did not focus primarily on historic preservation, and the labor certification requirement does not permanently constrain employment, so the prospective benefit over a U.S. worker was not established.
Exact record locator: findings_long.parquet filename_stem=2011-10-06_02_B5203; source_row=13246 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c