AAO noted the formal final merits determination was unnecessary given the failure at Step 1, but reviewed the record in aggregate and found it does not support sustained national or international acclaim or placement among the small percentage at the very top of the field.
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AAO noted the formal final merits determination was unnecessary given the failure at Step 1, but reviewed the record in aggregate and found it does not support sustained national or international acclaim or placement among the small percentage at the very top of the field.
AAO found the criterion not met because: (1) the Petitioner provided only partial English translations rather than full certified translations; (2) the partial translations showed articles about soccer matches with the Petitioner merely mentioned as a participant, not articles about him; (3) none of the translations included the author of the material as required; and (4) the Petitioner did not demonstrate that any publicat…
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AAO found the criterion not met because: (1) the Petitioner provided only partial English translations rather than full certified translations; (2) the partial translations showed articles about soccer matches with the Petitioner merely mentioned as a participant, not articles about him; (3) none of the translations included the author of the material as required; and (4) the Petitioner did not demonstrate that any publication qualified as a professional or major trade publication or other major media.
AAO agreed with the Director that the Petitioner fulfilled the judging criterion based on evidence that he served as a judge to select soccer players for a tournament.
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AAO agreed with the Director that the Petitioner fulfilled the judging criterion based on evidence that he served as a judge to select soccer players for a tournament.
The totality of the record does not show sustained national or international acclaim or that the Petitioner is among the very few at the top of the field. Evidence of employment in executive roles, while confirming leadership, lacks external acclaim; award evidence is weak; judging activity is tied to employer-affiliated entities with limited broader recognition; conference participation is a single event.
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The totality of the record does not show sustained national or international acclaim or that the Petitioner is among the very few at the top of the field. Evidence of employment in executive roles, while confirming leadership, lacks external acclaim; award evidence is weak; judging activity is tied to employer-affiliated entities with limited broader recognition; conference participation is a single event.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
The certificates of participation do not qualify as nationally or internationally recognized awards. The company award appears to be more of a certification/evaluation process rather than an excellence award, and the record lacks evidence of national or international recognition beyond the event's participants. Evidence for the former employer's awards lacked specifics and timing clarification.
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The certificates of participation do not qualify as nationally or internationally recognized awards. The company award appears to be more of a certification/evaluation process rather than an excellence award, and the record lacks evidence of national or international recognition beyond the event's participants. Evidence for the former employer's awards lacked specifics and timing clarification.
Ability to pay established via wages paid to beneficiary
AAO 为什么未被说服
The Beneficiary was not employed by the Petitioner as of the priority date in 2017 and only began working in 2018, with earnings statements showing only $33,776.91 in gross pay as of August 31, 2018, well below the $90,813 proffered wage.
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The Beneficiary was not employed by the Petitioner as of the priority date in 2017 and only began working in 2018, with earnings statements showing only $33,776.91 in gross pay as of August 31, 2018, well below the $90,813 proffered wage.
Ability to pay established via totality of circumstances
AAO 为什么未被说服
Because the Petitioner never submitted a complete listing of its I-140 beneficiaries and their proffered wages, the totality of its circumstances remained unknown, precluding a favorable finding under the Sonegawa totality standard.
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Because the Petitioner never submitted a complete listing of its I-140 beneficiaries and their proffered wages, the totality of its circumstances remained unknown, precluding a favorable finding under the Sonegawa totality standard.
Beneficiary meets educational requirement of labor certification
证据为何得到认可
AAO found that the record demonstrates the Beneficiary's educational credentials meet the minimum educational requirements and withdrew the Director's finding to the contrary.
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AAO found that the record demonstrates the Beneficiary's educational credentials meet the minimum educational requirements and withdrew the Director's finding to the contrary.
Ability to pay established via net income or net current assets (all I-140 beneficiaries)
AAO 为什么未被说服
AAO agreed the Petitioner failed to provide a complete listing of I-140 beneficiaries. Even on the incomplete list of 18 beneficiaries, the total proffered wage obligation in 2017 exceeded the Petitioner's net current assets of $501,043 by several hundred thousand dollars, and net income of $15,134 was also insufficient.
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AAO agreed the Petitioner failed to provide a complete listing of I-140 beneficiaries. Even on the incomplete list of 18 beneficiaries, the total proffered wage obligation in 2017 exceeded the Petitioner's net current assets of $501,043 by several hundred thousand dollars, and net income of $15,134 was also insufficient.
AAO agreed with the petitioner that professional publications need not be shown to be 'major' by comparative data. The content, purpose, and target audience of the publications adequately demonstrated they qualify as professional publications. France 24 separately qualifies as major media.
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AAO agreed with the petitioner that professional publications need not be shown to be 'major' by comparative data. The content, purpose, and target audience of the publications adequately demonstrated they qualify as professional publications. France 24 separately qualifies as major media.