on balance, beneficial to the United States to waive the job offer requirement
裁决如何说明
AAO explicitly declined to reach the third Dhanasar prong, reserving it as unnecessary to the outcome given the dispositive finding on the first prong.
为什么值得参考
理解除了希望自我申请之外，哪些与具体事业相关的事实会影响豁免分析。
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AAO explicitly declined to reach the third Dhanasar prong, reserving it as unnecessary to the outcome given the dispositive finding on the first prong.
AAO finds the new industry reports show importance of the marketing industry generally but not the broader impact of this specific endeavor; the business plan does not substantiate the 42-job projection or address rural Florida economic impact; and the Petitioner conflates a noncomprehensive evidentiary list with required criteria.
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 finds the new industry reports show importance of the marketing industry generally but not the broader impact of this specific endeavor; the business plan does not substantiate the 42-job projection or address rural Florida economic impact; and the Petitioner conflates a noncomprehensive evidentiary list with required criteria.
Five years of progressive post-baccalaureate experience in the specialty
AAO 为什么未被说服
One employment letter post-dated the petition filing (January 2023 vs. July 2021 filing date) and could not be considered. One letter described unrelated work as a Store Operations Coordinator. One letter was authored by someone who was not the Petitioner's employer. The remaining letter showed only four years and seven months of relevant experience.
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。
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One employment letter post-dated the petition filing (January 2023 vs. July 2021 filing date) and could not be considered. One letter described unrelated work as a Store Operations Coordinator. One letter was authored by someone who was not the Petitioner's employer. The remaining letter showed only four years and seven months of relevant experience.
Recognition for achievements and significant contributions to the field
AAO 为什么未被说服
AAO agreed that the Petitioner had not demonstrated how his work performance and achievements at his former employer rose to the level of recognized significant contributions to the field of business development in general.
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。
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AAO agreed that the Petitioner had not demonstrated how his work performance and achievements at his former employer rose to the level of recognized significant contributions to the field of business development in general.
Advanced degree or equivalent (baccalaureate + 5 years progressive experience)
AAO 为什么未被说服
AAO agreed that the additional evidence on motion did not cure the deficiency. Coworker/colleague letters and expert opinions do not substitute for the required employer letters, and the only qualifying employer letter documented only one year of employment.
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。
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AAO agreed that the additional evidence on motion did not cure the deficiency. Coworker/colleague letters and expert opinions do not substitute for the required employer letters, and the only qualifying employer letter documented only one year of employment.
AAO found the Petitioner's work has substantial merit but not national importance. While the Petitioner's employer works on an emergency alert system with the U.S. government, the record does not establish how much of the project's impact is attributable to the Petitioner specifically.…
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 found the Petitioner's work has substantial merit but not national importance. While the Petitioner's employer works on an emergency alert system with the U.S. government, the record does not establish how much of the project's impact is attributable to the Petitioner specifically. Past experience, general IT field importance, and the employer's broad partnerships do not establish the prospective impact of the Petitioner's specific proposed endeavor. Teaching/mentoring activities and the existence of an IT worker shortage do not rise to national importance under Dhanasar. The expert opinion letter does not establish national importance without relevant, probative, and credible supporting evidence.
leading or critical role for distinguished organizations or establishments
AAO 为什么未被说服
AAO declined to consider new website evidence submitted on appeal for the first time after the Director had already put the Petitioner on notice of the deficiency. The letters of praise do not establish the company's distinguished reputation, nor do they establish that the Petitioner's role was leading or critical for the entire company or any identified department or division with a distinguished reputation.
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。
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AAO declined to consider new website evidence submitted on appeal for the first time after the Director had already put the Petitioner on notice of the deficiency. The letters of praise do not establish the company's distinguished reputation, nor do they establish that the Petitioner's role was leading or critical for the entire company or any identified department or division with a distinguished reputation.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
The Petitioner submitted no evidence showing ASME requires outstanding achievements of its members; a 'Purchase Membership' link on the website suggests membership is obtained by paying a fee, not by demonstrating outstanding achievements. Statements in the brief are not evidence.
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。
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The Petitioner submitted no evidence showing ASME requires outstanding achievements of its members; a 'Purchase Membership' link on the website suggests membership is obtained by paying a fee, not by demonstrating outstanding achievements. Statements in the brief are not evidence.