Timeliness of prior motion / proper cause for reopening or reconsideration
AAO 为什么未被说服
AAO found the Petitioner misread the USCIS flexibility notice: it extended the filing period for Form I-290B to a total of 60 days (a 30-day extension) from the decision date, not 60 days after a response due date. The first motion filed 77 days after the AAO decision was untimely, and the second motion showed no error of fact or law in that determination.
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AAO found the Petitioner misread the USCIS flexibility notice: it extended the filing period for Form I-290B to a total of 60 days (a 30-day extension) from the decision date, not 60 days after a response due date. The first motion filed 77 days after the AAO decision was untimely, and the second motion showed no error of fact or law in that determination.
Final merits determination — sustained national or international acclaim
AAO 为什么未被说服
AAO rejected the argument that performing in New York City inherently confers national or international acclaim, and found that evidence of other famous actors winning the same award did not establish the Petitioner achieved comparable fame through that award. Media coverage consisted only of local television appearances with no indication of national or international reach.
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AAO rejected the argument that performing in New York City inherently confers national or international acclaim, and found that evidence of other famous actors winning the same award did not establish the Petitioner achieved comparable fame through that award. Media coverage consisted only of local television appearances with no indication of national or international reach.
Because the DPT is customarily required for physical therapists, the bachelor's-plus-experience equivalency is unavailable, and the record does not show the Petitioner holds a DPT or foreign equivalent. AAO reaches the same outcome as the Director but on the doctoral-degree-required ground rather than the experience-letter ground.
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Because the DPT is customarily required for physical therapists, the bachelor's-plus-experience equivalency is unavailable, and the record does not show the Petitioner holds a DPT or foreign equivalent. AAO reaches the same outcome as the Director but on the doctoral-degree-required ground rather than the experience-letter ground.
AAO does not reach prong 1 because EB-2 eligibility is unmet, but flags that the RFE-stage endeavor description constituted an impermissible material change from the originally proposed endeavor of being a physical therapist.
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO does not reach prong 1 because EB-2 eligibility is unmet, but flags that the RFE-stage endeavor description constituted an impermissible material change from the originally proposed endeavor of being a physical therapist.
Beneficiary's five years of qualifying experience in the job offered
AAO 为什么未被说服
While the NOIR's allegations based on failed verification attempts were inadequate to support revocation (given the passage of time and insufficient detail about verification methods), the employer letter and co-worker letter for the Indian employment both lack any description of the Beneficiary's actual duties or experience, failing to satisfy 8 C.F.R. § 204.5(g)(1).…
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While the NOIR's allegations based on failed verification attempts were inadequate to support revocation (given the passage of time and insufficient detail about verification methods), the employer letter and co-worker letter for the Indian employment both lack any description of the Beneficiary's actual duties or experience, failing to satisfy 8 C.F.R. § 204.5(g)(1). This independently defeats proof of the required five years of experience.
Ability to pay combined proffered wages of all applicable petitions
AAO 为什么未被说服
The record omitted proffered wages for at least five other petitions, lacked evidence of beneficiaries' purported portings, and contained unreliable financial documents due to discrepancies with California authority records. USCIS cannot evaluate realistic wage obligations without complete data, and the portability provision does not protect a petition that was never validly approved.
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The record omitted proffered wages for at least five other petitions, lacked evidence of beneficiaries' purported portings, and contained unreliable financial documents due to discrepancies with California authority records. USCIS cannot evaluate realistic wage obligations without complete data, and the portability provision does not protect a petition that was never validly approved.
Petitioner's bona fide intent to employ beneficiary in offered position
证据为何得到认可
AAO disagreed with the Director, finding that the Beneficiary's residence outside California does not establish lack of intent, as beneficiaries need not work in offered positions before obtaining permanent residence, and California payroll records confirm the company employed workers in-state.
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AAO disagreed with the Director, finding that the Beneficiary's residence outside California does not establish lack of intent, as beneficiaries need not work in offered positions before obtaining permanent residence, and California payroll records confirm the company employed workers in-state.