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AAO affirmed the Director's finding that the Petitioner failed to provide evidence of commercial success in the form of sales or receipts. The Petitioner's comparable evidence argument based on YouTube views was rejected because he failed to show the standard criteria do not apply, a majority of the YouTube evidence post-dated the filing date, and he provided no benchmark for what level of views constitutes commercial success.
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AAO affirmed the Director's finding that the Petitioner failed to provide evidence of commercial success in the form of sales or receipts. The Petitioner's comparable evidence argument based on YouTube views was rejected because he failed to show the standard criteria do not apply, a majority of the YouTube evidence post-dated the filing date, and he provided no benchmark for what level of views constitutes commercial success.
Exact record locator: findings_long.parquet filename_stem=2023-01-25_01_B2203; source_row=30837 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Original contributions
original contributions of major significance in the field
Why AAO was not persuaded
AAO found the Petitioner did not identify specific original artistic contributions of major significance. Reference letters praised his skills but lacked specifics showing his work widely impacted or influenced the field. The comparable evidence argument based on YouTube channel data was also rejected because the Petitioner failed to show the standard criteria do not apply to his occupation.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO found the Petitioner did not identify specific original artistic contributions of major significance. Reference letters praised his skills but lacked specifics showing his work widely impacted or influenced the field. The comparable evidence argument based on YouTube channel data was also rejected because the Petitioner failed to show the standard criteria do not apply to his occupation.
Exact record locator: findings_long.parquet filename_stem=2023-01-25_01_B2203; source_row=30834 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that while the record supports a finding of substantial merit, the Petitioner failed to show that her proposed work would extend beyond her future employer or clientele to impact her field or the U.S. economy more broadly. The Petitioner's general statements about economic contribution and job creation lacked sufficient supporting evidence to demonstrate national importance.
Why this is useful
Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.
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The AAO found that while the record supports a finding of substantial merit, the Petitioner failed to show that her proposed work would extend beyond her future employer or clientele to impact her field or the U.S. economy more broadly. The Petitioner's general statements about economic contribution and job creation lacked sufficient supporting evidence to demonstrate national importance.
Exact record locator: findings_long.parquet filename_stem=2023-01-24_02_B5203; source_row=30823 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the Director's analysis incomplete and remanded to allow consideration of new evidence including a revised business plan and funding commitment. AAO also flagged unresolved concerns about whether the Petitioner had adequately shown her background prepared her to run a private foundation, and whether third-party collaborators (universities) had made binding commitments.
Why this is useful
Identify the progress, resources, outside interest, or record-to-plan connection that AAO expected to see.
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AAO found the Director's analysis incomplete and remanded to allow consideration of new evidence including a revised business plan and funding commitment. AAO also flagged unresolved concerns about whether the Petitioner had adequately shown her background prepared her to run a private foundation, and whether third-party collaborators (universities) had made binding commitments.
Exact record locator: findings_long.parquet filename_stem=2023-01-24_01_B5203; source_row=30821 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner's foreign bachelor's degree and letters of recommendation do not establish the required five years of progressive post-baccalaureate experience to qualify as an advanced degree professional.
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The Petitioner's foreign bachelor's degree and letters of recommendation do not establish the required five years of progressive post-baccalaureate experience to qualify as an advanced degree professional.
Exact record locator: findings_long.parquet filename_stem=2023-01-24_03_B5203; source_row=30827 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner's proposed endeavor does not rise to the level of national importance because it does not extend sufficiently beyond his future employer(s) and clients to impact the broader financial industry or demonstrate significant potential to employ U.S. workers or provide substantial positive economic effects.
Why this is useful
Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.
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The Petitioner's proposed endeavor does not rise to the level of national importance because it does not extend sufficiently beyond his future employer(s) and clients to impact the broader financial industry or demonstrate significant potential to employ U.S. workers or provide substantial positive economic effects.
Exact record locator: findings_long.parquet filename_stem=2023-01-24_03_B5203; source_row=30828 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · National importanceNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · National importance
substantial merit and national importance
Why AAO was not persuaded
AAO found the Director failed to consider all elements of the proposed endeavor, noting that curriculum design activities could have broader impact than teacher training alone, and recommended the Director issue an RFE to further develop the record.
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Compare how the decision separates a broadly important field from the prospective impact of the applicant’s specific work.
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AAO found the Director failed to consider all elements of the proposed endeavor, noting that curriculum design activities could have broader impact than teacher training alone, and recommended the Director issue an RFE to further develop the record.
Exact record locator: findings_long.parquet filename_stem=2023-01-24_01_B5203; source_row=30820 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c