AAO disagreed with the director, finding that membership on the Polish national team and representation at the Summer Olympic Games satisfies the membership criterion requiring outstanding achievements judged by recognized national or international experts.
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。
查看完整裁决理由 +
AAO disagreed with the director, finding that membership on the Polish national team and representation at the Summer Olympic Games satisfies the membership criterion requiring outstanding achievements judged by recognized national or international experts.
AAO affirmed that the Petitioner's withdrawal of the other petition after receiving the NOIR did not cure the deficiency because the relevant timeframe in revocation proceedings is the state of affairs at the petition's approval, when the other petition remained approved. Net income, payments, net current assets, and Sonegawa factors all failed to establish ability to pay combined wages.
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。
查看完整裁决理由 +
AAO affirmed that the Petitioner's withdrawal of the other petition after receiving the NOIR did not cure the deficiency because the relevant timeframe in revocation proceedings is the state of affairs at the petition's approval, when the other petition remained approved. Net income, payments, net current assets, and Sonegawa factors all failed to establish ability to pay combined wages.
The AAO found that while testimonial letters showed some researchers were inspired by the Petitioner's work and citation counts were noted, the record lacked specific evidence demonstrating that the work had already significantly impacted the field as a whole. Letters describing potential future impact and general inspiration do not satisfy the requirement of already-realized contributions of major significance.
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。
查看完整裁决理由 +
The AAO found that while testimonial letters showed some researchers were inspired by the Petitioner's work and citation counts were noted, the record lacked specific evidence demonstrating that the work had already significantly impacted the field as a whole. Letters describing potential future impact and general inspiration do not satisfy the requirement of already-realized contributions of major significance.
The AAO concurred with the Director that the Petitioner's documented authorship of scholarly articles in professional publications satisfies this criterion.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
查看完整裁决理由 +
The AAO concurred with the Director that the Petitioner's documented authorship of scholarly articles in professional publications satisfies this criterion.
Bank statements are not among the three required types of evidence under 8 C.F.R. § 204.5(g)(2), and the Petitioner did not explain why this was an 'appropriate case' for their consideration. Moreover, bank statements show a balance on a given date but not a sustainable ability to pay. The 1993 AAU decision cited by the Petitioner was unpublished and thus not binding.
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。
查看完整裁决理由 +
Bank statements are not among the three required types of evidence under 8 C.F.R. § 204.5(g)(2), and the Petitioner did not explain why this was an 'appropriate case' for their consideration. Moreover, bank statements show a balance on a given date but not a sustainable ability to pay. The 1993 AAU decision cited by the Petitioner was unpublished and thus not binding.
Ability to pay via net income or net current assets
AAO 为什么未被说服
The Petitioner's net income was $10,093 in 2015 and $7,030 in 2016, and it had net current liabilities (not assets) of $7,676 and $9,701 respectively—all insufficient to cover the $27,048 gap between wages paid and the proffered wage.
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。
查看完整裁决理由 +
The Petitioner's net income was $10,093 in 2015 and $7,030 in 2016, and it had net current liabilities (not assets) of $7,676 and $9,701 respectively—all insufficient to cover the $27,048 gap between wages paid and the proffered wage.