Motion to Reconsider — Legal/Policy Error Requirement
AAO 为什么未被说服
The Petitioner did not assert that the prior AAO decision incorrectly applied law or USCIS policy, which is required for a motion to reconsider. His attempt to reach back to the Director's underlying denial decision was outside the proper scope of a reconsideration motion.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The Petitioner did not assert that the prior AAO decision incorrectly applied law or USCIS policy, which is required for a motion to reconsider. His attempt to reach back to the Director's underlying denial decision was outside the proper scope of a reconsideration motion.
For the China Fisheries Association, the Petitioner failed to submit bylaws or other official membership criteria documentation, so AAO could not evaluate whether membership is judged by recognized experts.…
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
For the China Fisheries Association, the Petitioner failed to submit bylaws or other official membership criteria documentation, so AAO could not evaluate whether membership is judged by recognized experts. For the Aquafarming Association, the bylaws require 'outstanding influence or outstanding talents,' which AAO found are not the same as 'outstanding achievements.' The president's letter addressed the Petitioner's personal accomplishments, which are irrelevant to whether the association's membership requirements meet the regulatory standard.
AAO explicitly declined to conduct a formal final merits determination because the Petitioner did not satisfy the step-one threshold of three criteria. AAO added an advisory observation that the aggregate record would not support a finding of extraordinary ability.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO explicitly declined to conduct a formal final merits determination because the Petitioner did not satisfy the step-one threshold of three criteria. AAO added an advisory observation that the aggregate record would not support a finding of extraordinary ability.
Motion to Reopen – new facts establishing eligibility at time of filing
AAO 为什么未被说服
The new evidence does not establish eligibility at the time of filing. Foreign immigration benefits for 'highly skilled or talented persons' are not shown to be comparable to EB-1A classification. Additional UN internship documentation does not alter the already-decided conclusion that the internship was neither leading nor critical.…
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The new evidence does not establish eligibility at the time of filing. Foreign immigration benefits for 'highly skilled or talented persons' are not shown to be comparable to EB-1A classification. Additional UN internship documentation does not alter the already-decided conclusion that the internship was neither leading nor critical. Late-submitted evidence the Petitioner could have presented years ago does not establish proper cause for reopening.
AAO found no error in the June 2020 decision. The Petitioner's claims about UN/bar association roles were already addressed in prior decisions and were not raised in the November 2019 motion that was before AAO in June 2020. The discretionary waiver argument was already rebutted in prior decisions and is unsupported by any statute, regulation, or policy.…
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO found no error in the June 2020 decision. The Petitioner's claims about UN/bar association roles were already addressed in prior decisions and were not raised in the November 2019 motion that was before AAO in June 2020. The discretionary waiver argument was already rebutted in prior decisions and is unsupported by any statute, regulation, or policy. The due process claim was already rejected, and the Petitioner's restatement of it does not establish legal error.
AAO found no error in its prior analysis that the first Dhanasar prong requires the proposed endeavor to have broader implications rising to the level of a substantial positive economic effect.…
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”。
查看完整裁决理由 +
AAO found no error in its prior analysis that the first Dhanasar prong requires the proposed endeavor to have broader implications rising to the level of a substantial positive economic effect. The record's evidence of potential employment of 4–8 direct workers and indirect contribution to up to 44 jobs, and general statements about U.S.-Brazil trade, lacked sufficient detail and probative value to establish national importance.
AAO explicitly reserved its opinion on the second Dhanasar prong because the first prong was not met, making resolution of the second prong unnecessary to the outcome.
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣,以及过去经历与未来计划之间的连接。
查看完整裁决理由 +
AAO explicitly reserved its opinion on the second Dhanasar prong because the first prong was not met, making resolution of the second prong unnecessary to the outcome.