AAO found the comparison data inconsistent across sources, insufficiently specific to film score composers, and drawn from unrepresentative data pools; royalties were not comparable to salary figures and the Petitioner provided no basis for comparing royalties to others in the field; and the record did not distinguish between earnings as a composer versus as a producer.
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AAO found the comparison data inconsistent across sources, insufficiently specific to film score composers, and drawn from unrepresentative data pools; royalties were not comparable to salary figures and the Petitioner provided no basis for comparing royalties to others in the field; and the record did not distinguish between earnings as a composer versus as a producer.
leading or critical role for distinguished organizations or establishments (comparable evidence)
AAO 为什么未被说服
AAO declined to resolve the comparable evidence question because, even on the alternative framing of individual soundtrack projects, the Petitioner worked primarily as an assistant to another composer in subordinate and often uncredited roles; his primary composer credits were only for short films without demonstrated distinguished reputations; Grammy nominations ran to the credited composer, not the Petitioner; and unrelea…
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AAO declined to resolve the comparable evidence question because, even on the alternative framing of individual soundtrack projects, the Petitioner worked primarily as an assistant to another composer in subordinate and often uncredited roles; his primary composer credits were only for short films without demonstrated distinguished reputations; Grammy nominations ran to the credited composer, not the Petitioner; and unreleased projects could not have an established reputation at the time of filing.
AAO reserved the formal final merits determination because the Petitioner did not meet the threshold of three criteria, but noted in advisory dicta that the record does not demonstrate sustained national or international acclaim or placement at the very top of the field.
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AAO reserved the formal final merits determination because the Petitioner did not meet the threshold of three criteria, but noted in advisory dicta that the record does not demonstrate sustained national or international acclaim or placement at the very top of the field.
specific labor certification requirements (U.S. master's in field plus special skills)
裁决如何说明
AAO found the Director's analysis legally flawed because the labor certification did not permit a combination of education and experience, and remanded for the Director to determine in the first instance whether the Beneficiary meets the specific U.S. master's degree and special skills requirements stated on the labor certification.
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AAO found the Director's analysis legally flawed because the labor certification did not permit a combination of education and experience, and remanded for the Director to determine in the first instance whether the Beneficiary meets the specific U.S. master's degree and special skills requirements stated on the labor certification.
AAO found the record lacks the regulatory-required forms of ability-to-pay evidence for 2017 and onward, precluding any affirmative finding of continuing ability to pay; AAO remanded for the Director to request such evidence and analyze the issue.
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AAO found the record lacks the regulatory-required forms of ability-to-pay evidence for 2017 and onward, precluding any affirmative finding of continuing ability to pay; AAO remanded for the Director to request such evidence and analyze the issue.
AAO found the comparable evidence does not relate to the Petitioner's abilities in the occupations of coach, public relations agent, or business manager. Her awards and letters address playing ability, not the proposed occupational endeavors.
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AAO found the comparable evidence does not relate to the Petitioner's abilities in the occupations of coach, public relations agent, or business manager. Her awards and letters address playing ability, not the proposed occupational endeavors.