ability to pay proffered wage (single beneficiary)
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The 2018 tax return did not address the unresolved 2016 and 2017 deficiencies; total assets include non-liquid depreciable assets and must be offset against liabilities; net current liabilities were insufficient in 2016 and 2017; bank statements and CPA letter were previously considered and found insufficient without any new argument identifying error.
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The 2018 tax return did not address the unresolved 2016 and 2017 deficiencies; total assets include non-liquid depreciable assets and must be offset against liabilities; net current liabilities were insufficient in 2016 and 2017; bank statements and CPA letter were previously considered and found insufficient without any new argument identifying error.
The Petitioner failed to demonstrate that any of the certificates were nationally or internationally recognized prizes or awards for excellence in the field. The certificates were issued by individual restaurants or establishments without supporting evidence of national or international significance, and a post-filing certificate could not establish eligibility at the time of initial filing.
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The Petitioner failed to demonstrate that any of the certificates were nationally or internationally recognized prizes or awards for excellence in the field. The certificates were issued by individual restaurants or establishments without supporting evidence of national or international significance, and a post-filing certificate could not establish eligibility at the time of initial filing.
The Petitioner failed to include the date of the article, which is a mandatory regulatory requirement. Additionally, the Petitioner did not demonstrate that the University of Urdaneta City Journal is a professional or major trade publication or major media outlet.
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The Petitioner failed to include the date of the article, which is a mandatory regulatory requirement. Additionally, the Petitioner did not demonstrate that the University of Urdaneta City Journal is a professional or major trade publication or major media outlet.
The Petitioner provided no supporting documentation of his earnings (e.g., paystubs or tax returns), relied on a recollection letter, compared 2007 earnings to 2019 average wages, and his earnings were actually lower than average cook wages in Spain. The comparison was also to average cook wages rather than to high wages of chefs.
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The Petitioner provided no supporting documentation of his earnings (e.g., paystubs or tax returns), relied on a recollection letter, compared 2007 earnings to 2019 average wages, and his earnings were actually lower than average cook wages in Spain. The comparison was also to average cook wages rather than to high wages of chefs.
Certificates showed recognition of service but not original contributions of major significance to the field. Recommendation letters praised the Petitioner's talents and abilities but did not establish how his contributions had significantly impacted the overall field, and used hyperbolic rather than specific language.
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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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Certificates showed recognition of service but not original contributions of major significance to the field. Recommendation letters praised the Petitioner's talents and abilities but did not establish how his contributions had significantly impacted the overall field, and used hyperbolic rather than specific language.
The evidence submitted related to employment at various restaurants rather than membership in associations. The Petitioner did not show that outstanding achievements are an essential condition for membership, did not provide bylaws or membership requirements, and did not establish that recognized national or international experts judge membership.
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The evidence submitted related to employment at various restaurants rather than membership in associations. The Petitioner did not show that outstanding achievements are an essential condition for membership, did not provide bylaws or membership requirements, and did not establish that recognized national or international experts judge membership.
The AAO found the Beneficiary's salary was above average but not significantly high; BLS data showed the top 10% earned over $142,220 and U.S. News data showed 25% earned above $112,540, both above the Beneficiary's $104,690.96. The Glassdoor data cited lower averages inconsistent with more authoritative sources and the Petitioner did not explain why it should be given more weight.
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The AAO found the Beneficiary's salary was above average but not significantly high; BLS data showed the top 10% earned over $142,220 and U.S. News data showed 25% earned above $112,540, both above the Beneficiary's $104,690.96. The Glassdoor data cited lower averages inconsistent with more authoritative sources and the Petitioner did not explain why it should be given more weight.
The AAO found the supporting letters lacked credibility due to evidence of common origin (all unsigned, same font, no letterhead, nearly identical formatting with blank contact fields), the trade article did not mention the Beneficiary, the referenced Exhibit G(1) letter was not in the record, and the evidence at best showed involvement in a high-profile project but was insufficient to establish a leading or critical role f…
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The AAO found the supporting letters lacked credibility due to evidence of common origin (all unsigned, same font, no letterhead, nearly identical formatting with blank contact fields), the trade article did not mention the Beneficiary, the referenced Exhibit G(1) letter was not in the record, and the evidence at best showed involvement in a high-profile project but was insufficient to establish a leading or critical role for a distinguished organization.
leading or critical role for distinguished organizations or establishments
AAO 为什么未被说服
AAO held that an organization's reputation must be established by objective evidence from identified outside sources, not self-generated promotional materials or unattributed information. Because the Petitioner failed to provide such evidence, he did not establish the organizations had distinguished reputations, making it unnecessary to address whether his roles were leading or critical.
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AAO held that an organization's reputation must be established by objective evidence from identified outside sources, not self-generated promotional materials or unattributed information. Because the Petitioner failed to provide such evidence, he did not establish the organizations had distinguished reputations, making it unnecessary to address whether his roles were leading or critical.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
AAO agreed that the awards were given to enterprises, not personally to the Petitioner. The municipal Science and Technology Progress Award was not shown to be nationally or internationally recognized, and the Ministry of Construction prize lacked documentation establishing national or international recognition of the prize itself.
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AAO agreed that the awards were given to enterprises, not personally to the Petitioner. The municipal Science and Technology Progress Award was not shown to be nationally or internationally recognized, and the Ministry of Construction prize lacked documentation establishing national or international recognition of the prize itself.