on balance, beneficial to waive the job offer requirement
裁决如何说明
AAO did not reach prong 3 because it remanded on threshold EB-2 qualification and the inconsistent proposed endeavor issues; the Director is to address the NIW analysis anew on remand.
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 3 because it remanded on threshold EB-2 qualification and the inconsistent proposed endeavor issues; the Director is to address the NIW analysis anew on remand.
AAO found one interview published on gamer.com.tw (Bahamut), established as Taiwan's most popular gaming website by independent traffic data, qualified as published material in a major medium about the Petitioner and his work. AAO disagreed with the Director's rejection of certified translations and criticism of article quality as outside the criterion's scope.
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。
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AAO found one interview published on gamer.com.tw (Bahamut), established as Taiwan's most popular gaming website by independent traffic data, qualified as published material in a major medium about the Petitioner and his work. AAO disagreed with the Director's rejection of certified translations and criticism of article quality as outside the criterion's scope.
AAO agreed with the Director that the Petitioner's service as one of two jury members for a 2014 competition and one of seven professional judges for a 2015 competition satisfied this criterion.
为什么值得参考
了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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AAO agreed with the Director that the Petitioner's service as one of two jury members for a 2014 competition and one of seven professional judges for a 2015 competition satisfied this criterion.
lesser nationally or internationally recognized prizes or awards
裁决如何说明
AAO declined to reach this criterion because the Petitioner already met three criteria, making a fourth unnecessary for step-one purposes. The evidence regarding this award was analyzed in the final merits determination instead.
为什么值得参考
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AAO declined to reach this criterion because the Petitioner already met three criteria, making a fourth unnecessary for step-one purposes. The evidence regarding this award was analyzed in the final merits determination instead.
Beneficiary met minimum education requirements by priority date
AAO 为什么未被说服
AAO agreed the record as developed was insufficient to establish the Beneficiary met the degree requirement by the priority date, but held the Director applied the wrong legal standard by relying only on the conferral date rather than conducting a case-specific analysis under Matter of O-A-, Inc.…
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO agreed the record as developed was insufficient to establish the Beneficiary met the degree requirement by the priority date, but held the Director applied the wrong legal standard by relying only on the conferral date rather than conducting a case-specific analysis under Matter of O-A-, Inc. AAO remanded for further development of the record on whether all substantive and non-academic graduation requirements were completed before the priority date.
minimum experience required by labor certification
AAO 为什么未被说服
AAO raised this issue sua sponte, noting that the experience letter was authored by the Beneficiary's sibling without disclosure, and that probative evidence requires identification of relationship and basis of knowledge under Matter of Chin.
为什么值得参考
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AAO raised this issue sua sponte, noting that the experience letter was authored by the Beneficiary's sibling without disclosure, and that probative evidence requires identification of relationship and basis of knowledge under Matter of Chin.
continuing ability to pay the proffered wage from the priority date
AAO 为什么未被说服
AAO affirmed that the Petitioner did not submit regulatory prescribed evidence for 2019, that personal assets of an LLC owner cannot be used, and that bank balance letters and the accountant's opinion did not demonstrate sustained ability to pay the $154,790 annual wage.
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO affirmed that the Petitioner did not submit regulatory prescribed evidence for 2019, that personal assets of an LLC owner cannot be used, and that bank balance letters and the accountant's opinion did not demonstrate sustained ability to pay the $154,790 annual wage.