advanced degree or equivalent (five years progressive post-baccalaureate experience)
AAO 为什么未被说服
The AAO withdrew the Director's conclusion that the Petitioner had established advanced degree professional status because the submitted employment record listed only general managerial duties as company president, which did not clearly demonstrate five years of progressive post-baccalaureate experience in mechanical engineering.
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The AAO withdrew the Director's conclusion that the Petitioner had established advanced degree professional status because the submitted employment record listed only general managerial duties as company president, which did not clearly demonstrate five years of progressive post-baccalaureate experience in mechanical engineering.
The AAO withdrew the Director's conclusion that prong one was met, finding the record was ambiguous as to the nature of the proposed endeavor — the RFE response introduced a new entrepreneurial business plan that may constitute a material change rather than a clarification of the originally stated endeavor as a mechanical engineer.
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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The AAO withdrew the Director's conclusion that prong one was met, finding the record was ambiguous as to the nature of the proposed endeavor — the RFE response introduced a new entrepreneurial business plan that may constitute a material change rather than a clarification of the originally stated endeavor as a mechanical engineer.
on balance, beneficial to waive job offer requirement
裁决如何说明
AAO did not reach prong three, remanding for the Director to first resolve threshold EB-2 eligibility and the nature of the proposed endeavor before conducting the full Dhanasar analysis.
为什么值得参考
理解除了希望自我申请之外，哪些与具体事业相关的事实会影响豁免分析。
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AAO did not reach prong three, remanding for the Director to first resolve threshold EB-2 eligibility and the nature of the proposed endeavor before conducting the full Dhanasar analysis.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO found that the bylaws of the first association require only submission of a signed statement for athlete membership, with no outstanding achievement requirement, and that the evidence for the second association showed only a certification rather than membership, and did not address membership requirements.
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AAO found that the bylaws of the first association require only submission of a signed statement for athlete membership, with no outstanding achievement requirement, and that the evidence for the second association showed only a certification rather than membership, and did not address membership requirements.
AAO found that the evidence did not establish the Petitioner founded the club (only that he served as an officer), that even if founding were established the creation of the club was not shown to be of major significance to the overall field, and that his athletic achievements were not shown to have contributed to or influenced the field.
为什么值得参考
区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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AAO found that the evidence did not establish the Petitioner founded the club (only that he served as an officer), that even if founding were established the creation of the club was not shown to be of major significance to the overall field, and that his athletic achievements were not shown to have contributed to or influenced the field.
official academic record showing degree, diploma, certificate, or similar award
AAO 为什么未被说服
None of the submitted documents constituted an official academic record from a college, university, school, or other institution of learning relating to the area of exceptional ability.…
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None of the submitted documents constituted an official academic record from a college, university, school, or other institution of learning relating to the area of exceptional ability. The hospital training certificate did not qualify as an official academic record, the high school certificate did not relate to exceptional ability in mental health, the bachelor's degree was in an unrelated field, and the university transcript showed no degree had been awarded.
salary or other remuneration demonstrating exceptional ability
AAO 为什么未被说服
While the evidence showed the Petitioner earned a salary, he failed to demonstrate that the salary was commensurate with exceptional ability. No comparative wage information was submitted to show the significance of his earnings. Simply submitting evidence of remuneration is insufficient to meet this criterion.
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While the evidence showed the Petitioner earned a salary, he failed to demonstrate that the salary was commensurate with exceptional ability. No comparative wage information was submitted to show the significance of his earnings. Simply submitting evidence of remuneration is insufficient to meet this criterion.
published material about the alien in professional or major trade publications or other major media
AAO 为什么未被说服
AAO found that none of the submitted materials were 'about' the Petitioner individually — the website articles mentioned him only briefly among many athletes, and the video screenshots were unaccompanied by transcripts, making it impossible to determine their content.
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AAO found that none of the submitted materials were 'about' the Petitioner individually — the website articles mentioned him only briefly among many athletes, and the video screenshots were unaccompanied by transcripts, making it impossible to determine their content.
AAO found that while some documents were incomplete or lacked identifying information, the Petitioner demonstrated placement at the top level of international competition, including third place at the World championship in 2014, which was sufficient to meet this criterion.
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AAO found that while some documents were incomplete or lacked identifying information, the Petitioner demonstrated placement at the top level of international competition, including third place at the World championship in 2014, which was sufficient to meet this criterion.