Commanding a high salary demonstrating exceptional ability
AAO 为什么未被说服
The Petitioner failed to offer documentation comparing his earnings to other Project Managers; instead he submitted Product Engineer salary data from small companies only, which does not constitute an appropriate comparator group.
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The Petitioner failed to offer documentation comparing his earnings to other Project Managers; instead he submitted Product Engineer salary data from small companies only, which does not constitute an appropriate comparator group.
AAO found the record lacked information about the organizations, and the evidence did not establish that they have a membership body comprised of baccalaureate-level individuals or that they otherwise constitute professional associations as defined by regulation.
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AAO found the record lacked information about the organizations, and the evidence did not establish that they have a membership body comprised of baccalaureate-level individuals or that they otherwise constitute professional associations as defined by regulation.
Baccalaureate plus five years progressive post-baccalaureate experience
AAO 为什么未被说服
Because the Petitioner's diploma was not conferred until January 31, 2014, only experience after that date counts, leaving less than five years of post-baccalaureate experience by the filing date of October 2, 2018. Post-filing employment and pre-baccalaureate internships cannot count.
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Because the Petitioner's diploma was not conferred until January 31, 2014, only experience after that date counts, leaving less than five years of post-baccalaureate experience by the filing date of October 2, 2018. Post-filing employment and pre-baccalaureate internships cannot count.
The Petitioner did not contest the Director's finding on appeal that he lacked ten years of full-time experience in his occupation at the time of filing.
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The Petitioner did not contest the Director's finding on appeal that he lacked ten years of full-time experience in his occupation at the time of filing.
Both the Director and AAO accepted that the Petitioner satisfied the published material criterion; AAO noted roughly a dozen articles from 2005–2018 about him and his work.
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Both the Director and AAO accepted that the Petitioner satisfied the published material criterion; AAO noted roughly a dozen articles from 2005–2018 about him and his work.
final merits determination — sustained national or international acclaim at the top of the field
AAO 为什么未被说服
AAO evaluated published material, artistic display, leading/critical role, awards, and contributions, finding that: the media coverage was minimal and did not reference him as an acclaimed, nationally or internationally recognized artist; exhibitions were largely local in Venezuela and not shown to have drawn notable critical praise; awards belonged to his firm, not to him personally; and contributions had not garnered reco…
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AAO evaluated published material, artistic display, leading/critical role, awards, and contributions, finding that: the media coverage was minimal and did not reference him as an acclaimed, nationally or internationally recognized artist; exhibitions were largely local in Venezuela and not shown to have drawn notable critical praise; awards belonged to his firm, not to him personally; and contributions had not garnered recognition on a national or international scale. The O-1 prior approval was also addressed and found not to be binding.
leading or critical role for distinguished organizations or establishments
证据为何得到认可
Both the Director and AAO accepted that the Petitioner's co-ownership and role in his architecture firm satisfied the leading or critical role criterion.
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Both the Director and AAO accepted that the Petitioner's co-ownership and role in his architecture firm satisfied the leading or critical role criterion.