AAO does not reach the third prong, remanding the NIW analysis for the Director to apply the Dhanasar framework after the proposed endeavor is clarified.
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AAO does not reach the third prong, remanding the NIW analysis for the Director to apply the Dhanasar framework after the proposed endeavor is clarified.
AAO remands for the Director to consider whether the Petitioner satisfies the exceptional-ability criteria, after providing him an opportunity to address them.
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AAO remands for the Director to consider whether the Petitioner satisfies the exceptional-ability criteria, after providing him an opportunity to address them.
lesser nationally or internationally recognized prizes or awards
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The record lacked corroborative documentation that the cash awards were for scientific excellence or were nationally/internationally recognized. The Governor's scholarship was for indigenous students in education, culture, and sport — not for excellence in electrical engineering. The other scholarship also lacked evidence of national or international recognition in the field.
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The record lacked corroborative documentation that the cash awards were for scientific excellence or were nationally/internationally recognized. The Governor's scholarship was for indigenous students in education, culture, and sport — not for excellence in electrical engineering. The other scholarship also lacked evidence of national or international recognition in the field.
Petitioner failed to establish her total salary or remuneration. The bank records did not identify her as the account holder or the source of payments and reflected only irregular deposits. No comparative salary data for similarly situated electrical engineers was provided.
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Petitioner failed to establish her total salary or remuneration. The bank records did not identify her as the account holder or the source of payments and reflected only irregular deposits. No comparative salary data for similarly situated electrical engineers was provided.
Whether Director was required to issue RFE before denial
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The USCIS memo the Petitioner cited also notes that RFEs need not be issued when there is clear evidence of ineligibility. Here, EDGE independently confirmed the South African degree equates to less than a U.S. bachelor's degree, providing clear evidence the Beneficiary did not qualify. Furthermore, the Petitioner suffered no prejudice as it had the opportunity to submit evidence and argument on appeal.
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The USCIS memo the Petitioner cited also notes that RFEs need not be issued when there is clear evidence of ineligibility. Here, EDGE independently confirmed the South African degree equates to less than a U.S. bachelor's degree, providing clear evidence the Beneficiary did not qualify. Furthermore, the Petitioner suffered no prejudice as it had the opportunity to submit evidence and argument on appeal.
Possession of U.S. bachelor's degree or foreign equivalent
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The independent evaluation submitted by the Petitioner itself found the South African degree equivalent to only three years of U.S. post-secondary studies, falling short of the four-year U.S. bachelor's degree standard. A foreign educational equivalent cannot be constructed through a combination of education and experience under 8 C.F.R. § 204.5(k)(2).
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The independent evaluation submitted by the Petitioner itself found the South African degree equivalent to only three years of U.S. post-secondary studies, falling short of the four-year U.S. bachelor's degree standard. A foreign educational equivalent cannot be constructed through a combination of education and experience under 8 C.F.R. § 204.5(k)(2).
Degree in a required field of study per labor certification
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The labor certification required a bachelor's degree in accounting, finance, or computer science with no alternate fields accepted, but the credential evaluation found the Beneficiary's degree equivalent to a bachelor's in MIS. The Petitioner did not address this ground on appeal.
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The labor certification required a bachelor's degree in accounting, finance, or computer science with no alternate fields accepted, but the credential evaluation found the Beneficiary's degree equivalent to a bachelor's in MIS. The Petitioner did not address this ground on appeal.
Five years of qualifying experience in offered position per labor certification
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The letters submitted were from subsidiaries in Japan and Australia but do not establish those entities employed the Beneficiary, and they cover only short periods totaling far less than five years. The record also lacks independent evidence of proficiency with the specific technologies listed in the labor certification.
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The letters submitted were from subsidiaries in Japan and Australia but do not establish those entities employed the Beneficiary, and they cover only short periods totaling far less than five years. The record also lacks independent evidence of proficiency with the specific technologies listed in the labor certification.
AAO declined to conduct a full final merits analysis because the Petitioner did not meet the threshold number of criteria, but noted in passing that the record would be insufficient even under a final merits review.
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AAO declined to conduct a full final merits analysis because the Petitioner did not meet the threshold number of criteria, but noted in passing that the record would be insufficient even under a final merits review.
AAO found that while most of the 14 articles lacked identification of any qualifying publication, one article was published in a State Technical University Scientific Journal, qualifying as a professional publication. This was sufficient to meet the criterion.
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AAO found that while most of the 14 articles lacked identification of any qualifying publication, one article was published in a State Technical University Scientific Journal, qualifying as a professional publication. This was sufficient to meet the criterion.