Beneficiary's possession of minimum qualifying experience for the offered position
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The first NOIR established that submitted employer letters covered only ~4 years 1 month of experience (less than the required 5 years), and the letter from the Indian college failed to describe the Beneficiary's duties. The second NOIR identified unresolved inconsistencies in the Beneficiary's start and end dates at the U.S. consulting company, undermining the claimed experience.…
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The first NOIR established that submitted employer letters covered only ~4 years 1 month of experience (less than the required 5 years), and the letter from the Indian college failed to describe the Beneficiary's duties. The second NOIR identified unresolved inconsistencies in the Beneficiary's start and end dates at the U.S. consulting company, undermining the claimed experience. Together, the documented experience fell short of five years.
Whether section 204(j) portability bars revocation under section 205
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AAO held that portability under section 204(j) does not bar revocation because: (1) the provision only keeps a petition valid 'with respect to a new job,' not forevermore; (2) a petition must have been valid from the start to 'remain' valid, and this petition was never properly approved; and (3) Congress did not intend portability to shield erroneously approved petitions from revocation.
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AAO held that portability under section 204(j) does not bar revocation because: (1) the provision only keeps a petition valid 'with respect to a new job,' not forevermore; (2) a petition must have been valid from the start to 'remain' valid, and this petition was never properly approved; and (3) Congress did not intend portability to shield erroneously approved petitions from revocation.
AAO withdrew the Director's first-prong finding because the Petitioner's proposed endeavor was inconsistent between the initial filing and the RFE response, constituting an impermissible material change.
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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 withdrew the Director's first-prong finding because the Petitioner's proposed endeavor was inconsistent between the initial filing and the RFE response, constituting an impermissible material change.
Leading or critical role for distinguished organizations or establishments
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The AAO disagreed with the Director's finding that this criterion was met. The petitioner's teaching roles were not shown to be leading or critical, his professional society roles (including international coordinator) were not substantiated with evidence that the organizations have distinguished reputations, and an organization's reputation cannot be established through its own promotional materials or self-description.
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The AAO disagreed with the Director's finding that this criterion was met. The petitioner's teaching roles were not shown to be leading or critical, his professional society roles (including international coordinator) were not substantiated with evidence that the organizations have distinguished reputations, and an organization's reputation cannot be established through its own promotional materials or self-description.
Membership in associations requiring outstanding achievements
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Two of the named entities are registration boards rather than associations. For the remaining four, the petitioner either submitted no information about membership requirements (BIE, NSE) or did not demonstrate that the requirements (academic degrees, experience, licensure) constitute outstanding achievements judged by recognized national or international experts (ASCE, SAICE).
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Two of the named entities are registration boards rather than associations. For the remaining four, the petitioner either submitted no information about membership requirements (BIE, NSE) or did not demonstrate that the requirements (academic degrees, experience, licensure) constitute outstanding achievements judged by recognized national or international experts (ASCE, SAICE).
AAO independently weighed the totality of the evidence and concluded that the Beneficiary's publication record, recommendation letters, roles, and high salary do not collectively demonstrate sustained acclaim or top-of-field standing. AAO rejected the petitioner's claim that the Director had improperly viewed evidence in isolation.
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AAO independently weighed the totality of the evidence and concluded that the Beneficiary's publication record, recommendation letters, roles, and high salary do not collectively demonstrate sustained acclaim or top-of-field standing. AAO rejected the petitioner's claim that the Director had improperly viewed evidence in isolation.