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membership in associations requiring outstanding achievements
Why AAO was not persuaded
AAO agreed the Petitioner did not satisfy this criterion. While she demonstrated membership on the Kazakhstan national team, current USCIS policy does not consider an athletic team to constitute an 'association' under 8 C.F.R. § 204.5(h)(3)(ii).…
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AAO agreed the Petitioner did not satisfy this criterion. While she demonstrated membership on the Kazakhstan national team, current USCIS policy does not consider an athletic team to constitute an 'association' under 8 C.F.R. § 204.5(h)(3)(ii). Additionally, the selection rules the Petitioner submitted were dated 2020 — two years after she left the team — so the record did not establish that the same criteria applied during her 2013–2018 tenure.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_03_B2203; source_row=39038 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Petitioner's reliance on professional experience, general assertions about economic impact, business plan projections, and alignment with national initiatives were insufficient. The Petitioner did not provide corroborating, objective evidence demonstrating potential prospective impact of her specific endeavor beyond her business and clients.…
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AAO found that the Petitioner's reliance on professional experience, general assertions about economic impact, business plan projections, and alignment with national initiatives were insufficient. The Petitioner did not provide corroborating, objective evidence demonstrating potential prospective impact of her specific endeavor beyond her business and clients. Working in or starting a business in an important field does not itself establish national importance.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_14_B5203; source_row=39080 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsNot establishedAutomated extraction · broader context
Case facts
OtherEngineerPhD60 papers
Issue evaluated
EB-1A · Final merits
final merits determination
Why AAO was not persuaded
The Petitioner's judging experience was minimal (two peer reviews in one year), his publication record was limited relative to top experts in the field, his role at his employer had not shown industry-wide impact, and his claimed contribution to a novel production process was speculative. Though one early-career contribution was recognized, the totality does not show sustained acclaim at the top of the field.
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The Petitioner's judging experience was minimal (two peer reviews in one year), his publication record was limited relative to top experts in the field, his role at his employer had not shown industry-wide impact, and his claimed contribution to a novel production process was speculative. Though one early-career contribution was recognized, the totality does not show sustained acclaim at the top of the field.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_02_B2203; source_row=39033 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Petitioner's job creation and revenue projections lacked supporting detail, his claims about addressing national workforce shortages were unpersuasive because such shortages are addressed through the labor certification process, and his assertions about aligning with federal initiatives and contributing to sustainability and cybersecurity were unsupported by sufficient evidence showing prospective impact…
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AAO found that the Petitioner's job creation and revenue projections lacked supporting detail, his claims about addressing national workforce shortages were unpersuasive because such shortages are addressed through the labor certification process, and his assertions about aligning with federal initiatives and contributing to sustainability and cybersecurity were unsupported by sufficient evidence showing prospective impact on the field at a national level.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_06_B5203; source_row=39053 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO held that evidence about the Petitioner's skills and work experience is relevant to Dhanasar prong 2, not prong 1, and the industry articles discussed the procurement field broadly rather than her specific proposed endeavor. The Petitioner failed to show how her activities would operate at a scale producing broader national implications or substantial positive economic effects.
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AAO held that evidence about the Petitioner's skills and work experience is relevant to Dhanasar prong 2, not prong 1, and the industry articles discussed the procurement field broadly rather than her specific proposed endeavor. The Petitioner failed to show how her activities would operate at a scale producing broader national implications or substantial positive economic effects.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_05_B5203; source_row=39050 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Computer Science / AI
Issue evaluated
NIW · National importance
Substantial Merit and National Importance
Why AAO was not persuaded
AAO agreed with the Director that none of the submitted evidence—expert letter, recommendation letters, resume, or industry articles—demonstrated the broader impact of the Petitioner's specific endeavor beyond the organizations he would assist. Substantial merit was conceded but national importance was not established.
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AAO agreed with the Director that none of the submitted evidence—expert letter, recommendation letters, resume, or industry articles—demonstrated the broader impact of the Petitioner's specific endeavor beyond the organizations he would assist. Substantial merit was conceded but national importance was not established.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_12_B5203; source_row=39074 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Petitioner's engineering degree equals a U.S. bachelor's but that his employer documentation failed to establish five years of progressive experience as required by 8 C.F.R. § 204.5(g)(1), and his lato sensus certificate leads only to a professional certificate, not a graduate degree.
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AAO found the Petitioner's engineering degree equals a U.S. bachelor's but that his employer documentation failed to establish five years of progressive experience as required by 8 C.F.R. § 204.5(g)(1), and his lato sensus certificate leads only to a professional certificate, not a graduate degree.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_12_B5203; source_row=39072 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the Petitioner's record lacked adequate corroborating evidence that his work would extend beyond his immediate clients to achieve national importance, that general industry-level importance does not establish the importance of the specific endeavor, and that assertions about broad economic impact were unsupported by evidence projecting U.S. economic impact or job creation.
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The AAO found that the Petitioner's record lacked adequate corroborating evidence that his work would extend beyond his immediate clients to achieve national importance, that general industry-level importance does not establish the importance of the specific endeavor, and that assertions about broad economic impact were unsupported by evidence projecting U.S. economic impact or job creation.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_08_B5203; source_row=39059 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO found substantial merit established but concluded the endeavor lacked national importance because the expert opinion improperly focused on the Petitioner's experience rather than the endeavor's potential prospective impact, the business plan's projections were unsupported, and the Petitioner did not show broader implications for the field or substantial positive economic effects beyond his business and clients.
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AAO found substantial merit established but concluded the endeavor lacked national importance because the expert opinion improperly focused on the Petitioner's experience rather than the endeavor's potential prospective impact, the business plan's projections were unsupported, and the Petitioner did not show broader implications for the field or substantial positive economic effects beyond his business and clients.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_11_B5203; source_row=39069 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO agreed the Petitioner showed substantial merit but not national importance. The record lacked specific, detailed plans showing impact beyond the company's own clients, the articles submitted showed the importance of the industry generally rather than the specific endeavor, and the business plan's revenue and employment projections were not shown to have significant broader economic implications.
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The AAO agreed the Petitioner showed substantial merit but not national importance. The record lacked specific, detailed plans showing impact beyond the company's own clients, the articles submitted showed the importance of the industry generally rather than the specific endeavor, and the business plan's revenue and employment projections were not shown to have significant broader economic implications.
Exact record locator: findings_long.parquet filename_stem=2024-07-16_02_B5203; source_row=39034 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c