AAO found that the Petitioner's proposed research aimed at improving public health has substantial merit, and that support letters and dissemination of results through scientific journals demonstrated national importance.
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO found that the Petitioner's proposed research aimed at improving public health has substantial merit, and that support letters and dissemination of results through scientific journals demonstrated national importance.
Beneficiary possession of minimum required experience
AAO 为什么未被说服
The employer letter from the Indian software company did not specify how long the Beneficiary worked as a technical leader, only that his designation at the time of leaving was technical leader. This was insufficient to establish five years of experience as a technical leader as required by the labor certification.
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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The employer letter from the Indian software company did not specify how long the Beneficiary worked as a technical leader, only that his designation at the time of leaving was technical leader. This was insufficient to establish five years of experience as a technical leader as required by the labor certification.
AAO held that when a petitioner submits required evidence (tax returns), it must also consider additional evidence of wages paid to the beneficiary. Crediting payments of $102,940 in 2017 and $96,427.29 in 2018, the net income and net current assets in both years exceeded the remaining differences of $12,646 and $19,158.71 respectively.
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 held that when a petitioner submits required evidence (tax returns), it must also consider additional evidence of wages paid to the beneficiary. Crediting payments of $102,940 in 2017 and $96,427.29 in 2018, the net income and net current assets in both years exceeded the remaining differences of $12,646 and $19,158.71 respectively.
Ability to pay combined proffered wages of multiple petitions
AAO 为什么未被说服
AAO identified that USCIS records showed at least 16 other immigrant petitions filed by the Petitioner. The record lacked the proffered wages and priority dates for those petitions, so combined ability to pay could not be established. AAO remanded for the Director to request this information.
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 identified that USCIS records showed at least 16 other immigrant petitions filed by the Petitioner. The record lacked the proffered wages and priority dates for those petitions, so combined ability to pay could not be established. AAO remanded for the Director to request this information.
Petitioner's right to change classification or receive RFE opportunity
AAO 为什么未被说服
The AAO is not bound by internal USCIS SOPs, and the cited SOP is inapplicable because the issue here is the job requirements, not the beneficiary's qualifications. The regulation at 8 C.F.R. § 103.2(b)(16)(i) is also inapplicable because the mismatch between labor certification requirements and the classification request was fully known to the petitioner from the time of filing.…
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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The AAO is not bound by internal USCIS SOPs, and the cited SOP is inapplicable because the issue here is the job requirements, not the beneficiary's qualifications. The regulation at 8 C.F.R. § 103.2(b)(16)(i) is also inapplicable because the mismatch between labor certification requirements and the classification request was fully known to the petitioner from the time of filing. Additionally, USCIS policy precludes changing the visa category after a decision has already been made, and the petitioner did not request a change until filing the appeal.
AAO found the Petitioner qualified as an advanced-degree professional under 8 C.F.R. § 204.5(k)(2) based on his foreign bachelor's degree plus five or more years of progressive specialty experience.
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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 found the Petitioner qualified as an advanced-degree professional under 8 C.F.R. § 204.5(k)(2) based on his foreign bachelor's degree plus five or more years of progressive specialty experience.
judging the work of others in the same or an allied field
证据为何得到认可
The AAO disagreed with the Director, finding that the record does contain corroborated evidence of the Petitioner's participation as a judge. Evidence confirmed his judging role at the Open Championship and his role as 'Judge in forms and kickboxing categories' at the 2016 Martial Arts event, and the corroborated judging evidence extended beyond these two events.
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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The AAO disagreed with the Director, finding that the record does contain corroborated evidence of the Petitioner's participation as a judge. Evidence confirmed his judging role at the Open Championship and his role as 'Judge in forms and kickboxing categories' at the 2016 Martial Arts event, and the corroborated judging evidence extended beyond these two events.
While the Petitioner's V-treatment research was important to his former research group and employer, the evidence did not establish that his contributions have been of major significance to the overall field of chemical engineering or the specialized area of the relevant technology.…
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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While the Petitioner's V-treatment research was important to his former research group and employer, the evidence did not establish that his contributions have been of major significance to the overall field of chemical engineering or the specialized area of the relevant technology. Reference letters indicated industrial implementation was yet to occur, and the record lacked comparative citation data showing remarkable influence.