Final merits determination – sustained national or international acclaim
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The AAO concluded that the totality of evidence—including an industry award, leading corporate positions, compensation, published articles, and editorial board membership—established a successful career but not sustained national or international acclaim at the top of the field. The post-2015 inactivity was not the deciding factor but was one consideration in the overall analysis.
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The AAO concluded that the totality of evidence—including an industry award, leading corporate positions, compensation, published articles, and editorial board membership—established a successful career but not sustained national or international acclaim at the top of the field. The post-2015 inactivity was not the deciding factor but was one consideration in the overall analysis.
AAO concluded the recommendation letters and citation evidence describe originality and prospective benefit but do not demonstrate that the Petitioner's contributions have already been widely implemented or had remarkable influence on the field. Seven citations and unsupported broad praise are insufficient.
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 concluded the recommendation letters and citation evidence describe originality and prospective benefit but do not demonstrate that the Petitioner's contributions have already been widely implemented or had remarkable influence on the field. Seven citations and unsupported broad praise are insufficient.
membership in associations requiring outstanding achievements
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AAO clarified that it did not require bylaws but noted the letters lacked detail about membership requirements and did not address the separate requirement that recognized national or international experts judge prospective members.
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AAO clarified that it did not require bylaws but noted the letters lacked detail about membership requirements and did not address the separate requirement that recognized national or international experts judge prospective members.
original business-related contributions of major significance
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AAO held that the letters did not establish that the Petitioner's activities had remarkable impact in the field beyond his own companies, and noted USCIS policy guidance that letters must specifically articulate how contributions are of major significance and discuss impact on subsequent work.
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 held that the letters did not establish that the Petitioner's activities had remarkable impact in the field beyond his own companies, and noted USCIS policy guidance that letters must specifically articulate how contributions are of major significance and discuss impact on subsequent work.
published material about the individual in professional or major trade publications or other major media
AAO 为什么未被说服
AAO held that unpublished decisions do not bind USCIS, the facts were distinguishable, the Petitioner did not provide adequate corroborative circulation evidence for the Brazilian newspapers, and the motion did not address that 18 articles either lacked any reference to him or omitted required date/author information.
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AAO held that unpublished decisions do not bind USCIS, the facts were distinguishable, the Petitioner did not provide adequate corroborative circulation evidence for the Brazilian newspapers, and the motion did not address that 18 articles either lacked any reference to him or omitted required date/author information.
lesser nationally or internationally recognized prizes or awards
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AAO held that even if the Petitioner could be considered the recipient, the motion did not address AAO's separate determination that the recognition plaque and CEL survey rating were not nationally or internationally recognized awards for excellence in the field.
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AAO held that even if the Petitioner could be considered the recipient, the motion did not address AAO's separate determination that the recognition plaque and CEL survey rating were not nationally or internationally recognized awards for excellence in the field.
Motion to Reconsider – incorrect application of law or policy
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The AAO found that the NOIR properly advised the Petitioner of the full multi-part Kazarian analysis and that the final merits determination was within its scope. As to the unemployment argument, the Petitioner failed to explain how law or policy was misapplied, and a motion to reconsider cannot consider new facts or evidence.
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The AAO found that the NOIR properly advised the Petitioner of the full multi-part Kazarian analysis and that the final merits determination was within its scope. As to the unemployment argument, the Petitioner failed to explain how law or policy was misapplied, and a motion to reconsider cannot consider new facts or evidence.
Motion to Reopen – new facts and ineffective assistance of counsel
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The AAO found that there is no remedy available for use of an unlicensed representative, and that the claimed ineffective assistance of licensed counsel did not prejudice the outcome because the appeal was resolved solely on the merits of the extraordinary ability claim without reliance on the disputed credibility issues.…
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The AAO found that there is no remedy available for use of an unlicensed representative, and that the claimed ineffective assistance of licensed counsel did not prejudice the outcome because the appeal was resolved solely on the merits of the extraordinary ability claim without reliance on the disputed credibility issues. The new facts provided did not overcome the prior determination of no sustained national or international acclaim.
AAO explicitly reserved the final merits determination because the Petitioner did not meet the initial evidentiary threshold. In an advisory observation, AAO noted the record did not establish the required acclaim.
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AAO explicitly reserved the final merits determination because the Petitioner did not meet the initial evidentiary threshold. In an advisory observation, AAO noted the record did not establish the required acclaim.