AAO withdrew the Director's finding, concluding that the evidence did not demonstrate that the Petitioner's duties as a handball referee/judge involved evaluating or judging the work or skills of competitors, as opposed to merely enforcing rules. Furthermore, the appointment letter did not show that the Petitioner actually served in the position or that the duties involved judging the work of others.
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AAO withdrew the Director's finding, concluding that the evidence did not demonstrate that the Petitioner's duties as a handball referee/judge involved evaluating or judging the work or skills of competitors, as opposed to merely enforcing rules. Furthermore, the appointment letter did not show that the Petitioner actually served in the position or that the duties involved judging the work of others.
AAO found the Petitioner did not compare his salary to others in the same field (handball players), but rather to the general average for culture and sport. The comparison to a broader occupational category rather than to other handball players was insufficient to establish high salary relative to others in the field.
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AAO found the Petitioner did not compare his salary to others in the same field (handball players), but rather to the general average for culture and sport. The comparison to a broader occupational category rather than to other handball players was insufficient to establish high salary relative to others in the field.
leading or critical role for organizations with a distinguished reputation
AAO 为什么未被说服
AAO agreed the Petitioner performed in a leading role as team captain, but found he did not demonstrate that his team had a distinguished reputation. League standings and membership regulations were insufficient to establish eminence or distinction relative to other handball teams.
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AAO agreed the Petitioner performed in a leading role as team captain, but found he did not demonstrate that his team had a distinguished reputation. League standings and membership regulations were insufficient to establish eminence or distinction relative to other handball teams.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO found the Petitioner did not demonstrate membership with an Olympic team. The letter from the Handball Sports School confirmed only membership on a junior national team, and the Petitioner did not show that Olympic reserve status or junior national team membership is equivalent to Olympic team membership.
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AAO found the Petitioner did not demonstrate membership with an Olympic team. The letter from the Handball Sports School confirmed only membership on a junior national team, and the Petitioner did not show that Olympic reserve status or junior national team membership is equivalent to Olympic team membership.
AAO declined to conduct a formal final merits determination because the Petitioner did not meet the threshold of three evidentiary criteria, but noted in dicta that the record does not support a finding of the required acclaim.
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AAO declined to conduct a formal final merits determination because the Petitioner did not meet the threshold of three evidentiary criteria, but noted in dicta that the record does not support a finding of the required acclaim.
published material in professional or major trade publications or other major media
AAO 为什么未被说服
AAO found the Petitioner did not establish that sobaka.ru qualifies as a professional or major trade publication or other major medium. The website's self-promotional claims about readership were not supported by independent, objective evidence, and the Petitioner did not demonstrate the significance of the claimed 800 thousand monthly visitors.
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AAO found the Petitioner did not establish that sobaka.ru qualifies as a professional or major trade publication or other major medium. The website's self-promotional claims about readership were not supported by independent, objective evidence, and the Petitioner did not demonstrate the significance of the claimed 800 thousand monthly visitors.
AAO agreed with the Director that the Petitioner received nationally recognized awards at handball tournaments in Russia, satisfying the awards criterion.
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AAO agreed with the Director that the Petitioner received nationally recognized awards at handball tournaments in Russia, satisfying the awards criterion.
The Petitioner did not submit financial statements for 2018, the year of the priority date, and thus the record does not establish ability to pay from the priority date forward. AAO also noted the Petitioner must demonstrate ability to pay the combined proffered wages of this and at least 10 other approved petitions.
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The Petitioner did not submit financial statements for 2018, the year of the priority date, and thus the record does not establish ability to pay from the priority date forward. AAO also noted the Petitioner must demonstrate ability to pay the combined proffered wages of this and at least 10 other approved petitions.
Beneficiary met all DOL-certified position requirements by priority date
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AAO affirmed that a beneficiary must meet all DOL-certified job requirements by the petition's priority date. The Beneficiary had not completed the fellowship or attained critical care certification eligibility by January 18, 2018.…
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AAO affirmed that a beneficiary must meet all DOL-certified job requirements by the petition's priority date. The Beneficiary had not completed the fellowship or attained critical care certification eligibility by January 18, 2018. The Petitioner's own appeal brief confirmed the fellowship and certification were necessary to perform the job duties, and Wing's Tea House forecloses allowance of a priority date when the beneficiary is not yet qualified.
The Form W-2 ascribes a different Social Security number to the Beneficiary than indicated on the Form I-140, casting doubt on its authenticity, so AAO will not credit the claimed payment toward the proffered wage.
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The Form W-2 ascribes a different Social Security number to the Beneficiary than indicated on the Form I-140, casting doubt on its authenticity, so AAO will not credit the claimed payment toward the proffered wage.