AAO found that the reference letters focused on local/state-level impact rather than the field as a whole, that the media articles did not demonstrate wide-spread field-level influence, and that the research collaboration only studied the effectiveness of the model rather than demonstrating widespread implementation. The Petitioner showed originality but not major significance to the field.
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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AAO found that the reference letters focused on local/state-level impact rather than the field as a whole, that the media articles did not demonstrate wide-spread field-level influence, and that the research collaboration only studied the effectiveness of the model rather than demonstrating widespread implementation. The Petitioner showed originality but not major significance to the field.
labor certification supports advanced degree professional classification
AAO 为什么未被说服
AAO agrees the labor certification's plain-language requirements (bachelor's plus one year) cannot support advanced-degree-professional classification, regardless of the position's claimed actual minimum requirements or the Beneficiary's individual credentials.
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AAO agrees the labor certification's plain-language requirements (bachelor's plus one year) cannot support advanced-degree-professional classification, regardless of the position's claimed actual minimum requirements or the Beneficiary's individual credentials.
Despite discrepancies regarding one reviewer certificate, the remaining evidence establishes by a preponderance of the evidence that the Petitioner meets this criterion.
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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Despite discrepancies regarding one reviewer certificate, the remaining evidence establishes by a preponderance of the evidence that the Petitioner meets this criterion.
AAO explicitly declined to reach the final merits determination because the Petitioner failed to meet the threshold of three criteria, though noted the record would not support a finding of extraordinary ability.
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AAO explicitly declined to reach the final merits determination because the Petitioner failed to meet the threshold of three criteria, though noted the record would not support a finding of extraordinary ability.
Five years of qualifying post-baccalaureate experience
AAO 为什么未被说服
The credential evaluation establishes the Beneficiary's bachelor's degree equivalent was not earned until March 2011. The Petitioner's own payroll records do not support a 30-hour work week, and the Beneficiary attested to only 25 hours per week on the labor certification, yielding only 46 months of full-time-equivalent experience — below the required 60 months.
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The credential evaluation establishes the Beneficiary's bachelor's degree equivalent was not earned until March 2011. The Petitioner's own payroll records do not support a 30-hour work week, and the Beneficiary attested to only 25 hours per week on the labor certification, yielding only 46 months of full-time-equivalent experience — below the required 60 months.
Experience with same employer in substantially different position (20 C.F.R. § 656.17(i))
AAO 为什么未被说服
AAO found that the Petitioner did not demonstrate impracticality of training a U.S. worker, and the record showed substantial overlap in job duties between the offered position and the Beneficiary's prior roles with the Petitioner, meaning the same-employer experience cannot be credited.
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AAO found that the Petitioner did not demonstrate impracticality of training a U.S. worker, and the record showed substantial overlap in job duties between the offered position and the Beneficiary's prior roles with the Petitioner, meaning the same-employer experience cannot be credited.