High salary or significantly high remuneration in relation to others in the field
AAO 为什么未被说服
AAO found the petitioner failed to explain the significance of his contracted wages relative to others in the field, did not provide employment or tax documentation of his overall salary, and did not offer evidence that his total compensation is high compared to others in the field.
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AAO found the petitioner failed to explain the significance of his contracted wages relative to others in the field, did not provide employment or tax documentation of his overall salary, and did not offer evidence that his total compensation is high compared to others in the field.
Membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO found that the certification is based on examination, 35 hours of project management education, and a bachelor's or master's degree—not outstanding achievements judged by recognized national or international experts.
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AAO found that the certification is based on examination, 35 hours of project management education, and a bachelor's or master's degree—not outstanding achievements judged by recognized national or international experts.
AAO found the petitioner had not sufficiently documented receipt of the award, and even assuming receipt, the evidence did not establish the distinction is a major, internationally recognized award comparable to a Nobel Prize, given that at least 878 individuals earned the same distinction and no major media reporting was shown.
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AAO found the petitioner had not sufficiently documented receipt of the award, and even assuming receipt, the evidence did not establish the distinction is a major, internationally recognized award comparable to a Nobel Prize, given that at least 878 individuals earned the same distinction and no major media reporting was shown.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
AAO 为什么未被说服
AAO found the petitioner did not establish that his models have been widely used or reproduced, changed business practices, or are otherwise of major significance; the record lacked documentary evidence of widespread implementation or seminal impact.
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 did not establish that his models have been widely used or reproduced, changed business practices, or are otherwise of major significance; the record lacked documentary evidence of widespread implementation or seminal impact.
AAO found that incidental evaluation responsibilities inherent to a consultancy position do not constitute service in an official capacity as 'a judge' of the work of others, as the criterion requires a formal judging designation either individually or on a panel.
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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AAO found that incidental evaluation responsibilities inherent to a consultancy position do not constitute service in an official capacity as 'a judge' of the work of others, as the criterion requires a formal judging designation either individually or on a panel.
Whether the position requires an individual of exceptional ability
AAO 为什么未被说服
AAO found that the proffered wage matched only the prevailing wage for a dietician/nutritionist and that knowledge of a particular cuisine type does not indicate exceptional ability. A local shortage of workers, as determined by DOL, is separate from the USCIS determination of exceptional ability.
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AAO found that the proffered wage matched only the prevailing wage for a dietician/nutritionist and that knowledge of a particular cuisine type does not indicate exceptional ability. A local shortage of workers, as determined by DOL, is separate from the USCIS determination of exceptional ability.
Comparable evidence of exceptional ability (8 C.F.R. § 204.5(k)(3)(iii))
AAO 为什么未被说服
AAO rejected the argument that every kosher chef with experience at Israeli restaurants is presumptively a chef of exceptional ability, stating it is the Petitioner's burden to demonstrate such a comparison. AAO did not contest the significance of kosher laws but found that the Petitioner failed to show the Beneficiary's experience is analogous to any of the six criteria for exceptional ability.
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AAO rejected the argument that every kosher chef with experience at Israeli restaurants is presumptively a chef of exceptional ability, stating it is the Petitioner's burden to demonstrate such a comparison. AAO did not contest the significance of kosher laws but found that the Petitioner failed to show the Beneficiary's experience is analogous to any of the six criteria for exceptional ability.
Evidence of recognition for achievements and significant contributions to the industry or field (8 C.F.R. § 204.5(k)(3)(ii)(F))
AAO 为什么未被说服
AAO found that the reference letters did not explain how the Beneficiary contributed to the industry or field. The Petitioner no longer maintained that the record satisfies this criterion.
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AAO found that the reference letters did not explain how the Beneficiary contributed to the industry or field. The Petitioner no longer maintained that the record satisfies this criterion.
One year of experience in specific skills (test automation using Java, C++, or SQL) per labor certification H.14
AAO 为什么未被说服
AAO noted that the employment letters in the record describe the Beneficiary's job duties but do not confirm the required one year of experience specifically in designing, implementing, documenting, and maintaining test automation programs for large-scale, distributed software systems using Java, C++, or SQL.
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AAO noted that the employment letters in the record describe the Beneficiary's job duties but do not confirm the required one year of experience specifically in designing, implementing, documenting, and maintaining test automation programs for large-scale, distributed software systems using Java, C++, or SQL.