AAO explicitly declined to conduct the final merits determination because the Petitioner did not meet the threshold of three criteria, but noted in passing that the aggregate record would not support a finding of extraordinary ability.
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AAO explicitly declined to conduct the final merits determination because the Petitioner did not meet the threshold of three criteria, but noted in passing that the aggregate record would not support a finding of extraordinary ability.
leading or critical role for distinguished organizations
证据为何得到认可
AAO agreed with the Director that the Petitioner satisfied the criterion relating to a leading or critical role for organizations or establishments with a distinguished reputation.
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AAO agreed with the Director that the Petitioner satisfied the criterion relating to a leading or critical role for organizations or establishments with a distinguished reputation.
While AAO accepted the endeavor had substantial merit in the area of business and entrepreneurialism, it found the Petitioner failed to show the national importance of her specific proposed endeavor.…
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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While AAO accepted the endeavor had substantial merit in the area of business and entrepreneurialism, it found the Petitioner failed to show the national importance of her specific proposed endeavor. The documentation addressed broad industry topics rather than the national importance of her particular company and services, the expert letter did not explain broader implications for the country, and the business plan's revenue and job creation projections were unsupported and insufficient to demonstrate substantial positive economic effects at a national level.
AAO found the Petitioner's appellate argument did not address the Director's finding that comparative average salary data was inadequate or that evidence related to other professions was irrelevant.
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AAO found the Petitioner's appellate argument did not address the Director's finding that comparative average salary data was inadequate or that evidence related to other professions was irrelevant.
AAO agreed that substantial merit was shown but national importance was not. The Petitioner's reliance on the employer's market share and size, generalized assertions about broader applicability, and letters of recommendation that praised the Beneficiary's internal contributions without explaining field-wide impact were insufficient.…
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 agreed that substantial merit was shown but national importance was not. The Petitioner's reliance on the employer's market share and size, generalized assertions about broader applicability, and letters of recommendation that praised the Beneficiary's internal contributions without explaining field-wide impact were insufficient. Merely working in an important field or for a large employer is not enough to establish national importance of the specific endeavor.
The Director's decision failed to apply the distinct regulatory provisions for motions to reopen versus motions to reconsider, mischaracterized the RFE response by stating the petitioner submitted 'no evidence,' and did not address the motion evidence or supporting brief.
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The Director's decision failed to apply the distinct regulatory provisions for motions to reopen versus motions to reconsider, mischaracterized the RFE response by stating the petitioner submitted 'no evidence,' and did not address the motion evidence or supporting brief.
AAO found the Petitioner had not demonstrated the impact of his purported special technique on the field as a whole, analogizing to the Visinscaia decision. Additionally, the Petitioner failed to label or explain how the cited evidence supported his claims, leaving AAO unable to confidently locate the referenced evidence.
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 the Petitioner had not demonstrated the impact of his purported special technique on the field as a whole, analogizing to the Visinscaia decision. Additionally, the Petitioner failed to label or explain how the cited evidence supported his claims, leaving AAO unable to confidently locate the referenced evidence.
AAO found the Petitioner could not raise this criterion for the first time on appeal under Matter of Furtado. Even if he could, the appellate brief contained only bare assertions without corroborating evidence, and the Petitioner did not describe the approval process for acceptance in the organization.
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AAO found the Petitioner could not raise this criterion for the first time on appeal under Matter of Furtado. Even if he could, the appellate brief contained only bare assertions without corroborating evidence, and the Petitioner did not describe the approval process for acceptance in the organization.