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The employer letter did not contain a job description, so AAO could not evaluate whether the Petitioner had full-time experience in the occupation as required by 8 C.F.R. § 204.5(g)(1).
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The employer letter did not contain a job description, so AAO could not evaluate whether the Petitioner had full-time experience in the occupation as required by 8 C.F.R. § 204.5(g)(1).
Exact record locator: findings_long.parquet filename_stem=2023-10-13_03_B5203; source_row=34053 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The corporation was not a professional association, the meeting invitation did not identify the Petitioner's membership status, and it was unclear what membership in the Club Management Association of America would represent in the Petitioner's field.
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The corporation was not a professional association, the meeting invitation did not identify the Petitioner's membership status, and it was unclear what membership in the Club Management Association of America would represent in the Petitioner's field.
Exact record locator: findings_long.parquet filename_stem=2023-10-13_03_B5203; source_row=34055 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · Well positioned
well-positioned to advance the proposed endeavor
Why AAO was not persuaded
The record did not sufficiently link the Petitioner's media arts education to general management duties, and the recommendation letters did not identify any recognition, achievements, or significant contributions that reflect the Petitioner is well-positioned to advance the endeavor.
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The record did not sufficiently link the Petitioner's media arts education to general management duties, and the recommendation letters did not identify any recognition, achievements, or significant contributions that reflect the Petitioner is well-positioned to advance the endeavor.
Exact record locator: findings_long.parquet filename_stem=2023-10-13_03_B5203; source_row=34058 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
recognition for achievements and significant contributions
Why AAO was not persuaded
The recommendation letters were written almost entirely by country club members and tennis partners, containing vague statements about positive work attributes and character. They did not demonstrate noteworthy achievements and significant contributions rising to a level of expertise significantly above that ordinarily encountered in the field.
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The recommendation letters were written almost entirely by country club members and tennis partners, containing vague statements about positive work attributes and character. They did not demonstrate noteworthy achievements and significant contributions rising to a level of expertise significantly above that ordinarily encountered in the field.
Exact record locator: findings_long.parquet filename_stem=2023-10-13_03_B5203; source_row=34056 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWten years experienceNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
ten years experience
ten years of full-time experience in the occupation
Why AAO was not persuaded
AAO withdrew the Director's analysis because it was based on evidence from an unrelated case, but independently found that the letters do not clearly establish ten years of full-time experience: a period during COVID when the Petitioner was employed but not working or compensated does not constitute full-time experience, and the Petitioner has alternately described his occupation as waiter versus owner of a waitstaff-servic…
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AAO withdrew the Director's analysis because it was based on evidence from an unrelated case, but independently found that the letters do not clearly establish ten years of full-time experience: a period during COVID when the Petitioner was employed but not working or compensated does not constitute full-time experience, and the Petitioner has alternately described his occupation as waiter versus owner of a waitstaff-services company.
Exact record locator: findings_long.parquet filename_stem=2023-10-13_04_B5203; source_row=34061 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceReservedAutomated extraction · broader context
Case facts
Other
Issue evaluated
NIW · National importance
substantial merit and national importance
What the decision said
AAO reserved the Dhanasar analysis but advised the Director on remand that the Petitioner's description of two distinct proposed endeavors is a significant issue requiring attention.
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AAO reserved the Dhanasar analysis but advised the Director on remand that the Petitioner's description of two distinct proposed endeavors is a significant issue requiring attention.
Exact record locator: findings_long.parquet filename_stem=2023-10-13_04_B5203; source_row=34065 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
recognition for achievements and significant contributions to the industry or field
Why AAO was not persuaded
AAO withdrew the Director's reliance on a non-existent magazine article. On the actual record, length of experience is covered by a separate criterion and is not itself an achievement, the letters do not attest to industry-wide significant contributions, and the Petitioner's own LinkedIn articles are not self-evidence of recognition.
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AAO withdrew the Director's reliance on a non-existent magazine article. On the actual record, length of experience is covered by a separate criterion and is not itself an achievement, the letters do not attest to industry-wide significant contributions, and the Petitioner's own LinkedIn articles are not self-evidence of recognition.
Exact record locator: findings_long.parquet filename_stem=2023-10-13_04_B5203; source_row=34064 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
academic degree relating to area of exceptional ability
Why AAO was not persuaded
Petitioner has not shown that his high school diploma relates to the area of claimed exceptional ability, and the training certificates do not appear to be from a college, university, school, or other institution of learning, nor similar to a degree.
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Petitioner has not shown that his high school diploma relates to the area of claimed exceptional ability, and the training certificates do not appear to be from a college, university, school, or other institution of learning, nor similar to a degree.
Exact record locator: findings_long.parquet filename_stem=2023-10-13_04_B5203; source_row=34060 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the submitted documents (accountant letter, council certificates, certificates of professional responsibility) established the existence of the company but did not describe the Petitioner's own job duties and experience, failing to prove five years of progressive work experience in the specialty.
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AAO found the submitted documents (accountant letter, council certificates, certificates of professional responsibility) established the existence of the company but did not describe the Petitioner's own job duties and experience, failing to prove five years of progressive work experience in the specialty.
Exact record locator: findings_long.parquet filename_stem=2023-10-13_06_B5203; source_row=34071 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c