high salary or other significantly high remuneration in relation to others in the field
AAO 为什么未被说服
AAO found the comparisons between foreign earnings and U.S. wage data were inappropriate. Even considering the new Russian salary data on appeal, the record contained no information about the Russian company to determine whether the income was for acting work. Most U.S. deal memos were for work scheduled after the filing date, and the one pre-filing deal memo lacked evidence the work was completed or payment received.
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AAO found the comparisons between foreign earnings and U.S. wage data were inappropriate. Even considering the new Russian salary data on appeal, the record contained no information about the Russian company to determine whether the income was for acting work. Most U.S. deal memos were for work scheduled after the filing date, and the one pre-filing deal memo lacked evidence the work was completed or payment received.
leading or critical role for organizations with a distinguished reputation
AAO 为什么未被说服
AAO found that the submitted letters confirmed the Petitioner's participation in projects but did not establish with specificity how she performed in a leading or critical role that contributed to the success or standing of specific organizations with distinguished reputations.…
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AAO found that the submitted letters confirmed the Petitioner's participation in projects but did not establish with specificity how she performed in a leading or critical role that contributed to the success or standing of specific organizations with distinguished reputations. Appearing in commercials for well-known brands or in films for independent studios was insufficient without evidence of the organizations' distinguished reputations and her critical impact on them.
original contributions of major significance in the field
AAO 为什么未被说服
Letters praising the Petitioner's abilities do not establish major significance in the field. Claims of a best-album award were unsupported by evidence, and the Amazon sales rankings were low. The Petitioner did not show how his accompaniment work constituted a contribution of major significance in the overall 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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Letters praising the Petitioner's abilities do not establish major significance in the field. Claims of a best-album award were unsupported by evidence, and the Amazon sales rankings were low. The Petitioner did not show how his accompaniment work constituted a contribution of major significance in the overall field.
leading or critical role for organizations or establishments with a distinguished reputation
AAO 为什么未被说服
The evidence was insufficient to show that the organizations the Petitioner worked with had a distinguished reputation. Claims of an award-winning album were uncorroborated, the Olympics silver medal was won in a qualifying round shared by 17 groups, academic program involvement was not shown to be critical or from a distinguishedly reputed program, and the EP's production company's reputation was not established.
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The evidence was insufficient to show that the organizations the Petitioner worked with had a distinguished reputation. Claims of an award-winning album were uncorroborated, the Olympics silver medal was won in a qualifying round shared by 17 groups, academic program involvement was not shown to be critical or from a distinguishedly reputed program, and the EP's production company's reputation was not established.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO agrees with the Director that the six-credit threshold is not shown to constitute an outstanding achievement, and that the record does not establish that media coverage is required by LARAS or that membership review process documentation (e.g., bylaws sections on classes of membership) was provided.
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AAO agrees with the Director that the six-credit threshold is not shown to constitute an outstanding achievement, and that the record does not establish that media coverage is required by LARAS or that membership review process documentation (e.g., bylaws sections on classes of membership) was provided.
official academic record (8 C.F.R. § 204.5(k)(3)(ii)(A))
证据为何得到认可
The Director found and AAO implicitly accepted that the Petitioner satisfied the academic record criterion by virtue of her diploma in physical therapy.
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The Director found and AAO implicitly accepted that the Petitioner satisfied the academic record criterion by virtue of her diploma in physical therapy.
AAO declined to conduct a full final merits determination because the Petitioner failed to meet the threshold of three evidentiary criteria, but noted in dicta that the record does not support the required acclaim.
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AAO declined to conduct a full final merits determination because the Petitioner failed to meet the threshold of three evidentiary criteria, but noted in dicta that the record does not support the required acclaim.
lesser nationally or internationally recognized prizes or awards
裁决如何说明
AAO finds the Director's brief analysis did not reflect consideration of significant evidence, including that one certificate was issued to the Petitioner individually and that the competition appears international in scope. AAO remands for further evaluation considering entry requirements, number of prizes, and judging criteria.
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AAO finds the Director's brief analysis did not reflect consideration of significant evidence, including that one certificate was issued to the Petitioner individually and that the competition appears international in scope. AAO remands for further evaluation considering entry requirements, number of prizes, and judging criteria.