AAO found the record sufficiently demonstrated the Petitioner played a critical role for a dance school, based on newspaper articles referencing her as head coach and choreographer, a letter from the school's founder, and governmental proclamations discussing the school's reputation and the Petitioner's contributions.
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AAO found the record sufficiently demonstrated the Petitioner played a critical role for a dance school, based on newspaper articles referencing her as head coach and choreographer, a letter from the school's founder, and governmental proclamations discussing the school's reputation and the Petitioner's contributions.
AAO found the Petitioner failed to submit the required annual reports, federal tax returns, or audited financial statements for 2015 or 2016. The available documents—a 2014 tax return, a W-2 showing payment below the proffered wage, and 2016 paychecks—were insufficient to establish ability to pay the $84,906 proffered wage from the priority date onward.
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AAO found the Petitioner failed to submit the required annual reports, federal tax returns, or audited financial statements for 2015 or 2016. The available documents—a 2014 tax return, a W-2 showing payment below the proffered wage, and 2016 paychecks—were insufficient to establish ability to pay the $84,906 proffered wage from the priority date onward.
AAO agreed that the H.14 language—particularly 'any suitable combination of education, training or experience' defined as 'substantial compatibility with stated academic level and job experience requirements'—permits less than an advanced degree, and that routing H.4-B, H.7-A, and H.10-B to H.14 for details made it impossible to identify separate primary and alternate requirements.…
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AAO agreed that the H.14 language—particularly 'any suitable combination of education, training or experience' defined as 'substantial compatibility with stated academic level and job experience requirements'—permits less than an advanced degree, and that routing H.4-B, H.7-A, and H.10-B to H.14 for details made it impossible to identify separate primary and alternate requirements. The Petitioner's reliance on Matter of Agma Systems was misplaced because the issue was whether the additional language lowered minimum requirements, not whether Kellogg language should have been included.
The record lacked required financial documentation for 2016 (the priority date year), and the Petitioner did not demonstrate ability to pay the combined proffered wages across at least 11 other pending or subsequently filed petitions.
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The record lacked required financial documentation for 2016 (the priority date year), and the Petitioner did not demonstrate ability to pay the combined proffered wages across at least 11 other pending or subsequently filed petitions.
five years of post-baccalaureate experience by priority date
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AAO agreed with the Director's conclusion. While AAO's own precedent in Matter of O-A- allows pre-diploma experience to count when a provisional certificate or equivalent evidence establishes degree completion, the Petitioner here provided no such evidence and did not explain the nearly nine-year gap between the claimed 2003 completion and the 2012 diploma issuance.
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AAO agreed with the Director's conclusion. While AAO's own precedent in Matter of O-A- allows pre-diploma experience to count when a provisional certificate or equivalent evidence establishes degree completion, the Petitioner here provided no such evidence and did not explain the nearly nine-year gap between the claimed 2003 completion and the 2012 diploma issuance.
The Petitioner did not show that performing in one show out of 12 touring productions constituted a leading or critical role for the overall organization. Letters confirmed contributions to specific shows but did not establish influence over the organization's overall reputation or success.
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The Petitioner did not show that performing in one show out of 12 touring productions constituted a leading or critical role for the overall organization. Letters confirmed contributions to specific shows but did not establish influence over the organization's overall reputation or success.
Most submitted articles and screenshots were about the productions rather than about the Petitioner himself. Website screenshots that were about the Petitioner lacked evidence establishing the sites as major media. Television segment screenshots lacked required transcripts/recordings and did not include title, date, and author.
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Most submitted articles and screenshots were about the productions rather than about the Petitioner himself. Website screenshots that were about the Petitioner lacked evidence establishing the sites as major media. Television segment screenshots lacked required transcripts/recordings and did not include title, date, and author.
The W-2 comparators were too limited and specific; the letter attested the Petitioner 'can' command high salary rather than demonstrating he actually does; evidence showing top 10% at his employer did not establish standing in the broader field; and DOL wage data for broad categories did not represent an appropriate comparator group.
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The W-2 comparators were too limited and specific; the letter attested the Petitioner 'can' command high salary rather than demonstrating he actually does; evidence showing top 10% at his employer did not establish standing in the broader field; and DOL wage data for broad categories did not represent an appropriate comparator group.
AAO found the record insufficient to support the claim of a major internationally recognized award because, while the awards are recognized in Canada, the Petitioner did not demonstrate they are recognized internationally.
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AAO found the record insufficient to support the claim of a major internationally recognized award because, while the awards are recognized in Canada, the Petitioner did not demonstrate they are recognized internationally.