published material in professional or major trade publications or other major media
AAO 为什么未被说服
AAO withdrew the Director's favorable determination, finding that neither publication was shown to be major media. The petitioner's self-promotional description of one publication was insufficient, and no circulation statistics were provided for either publication.
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AAO withdrew the Director's favorable determination, finding that neither publication was shown to be major media. The petitioner's self-promotional description of one publication was insufficient, and no circulation statistics were provided for either publication.
judging the work of others in the same or an allied field
AAO 为什么未被说服
AAO agreed the Petitioner must show actual participation as a judge prior to filing. The membership card and certificate demonstrated qualification but not actual service. The letters in the record reflected post-filing invitations, not pre-filing judging activity.
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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 agreed the Petitioner must show actual participation as a judge prior to filing. The membership card and certificate demonstrated qualification but not actual service. The letters in the record reflected post-filing invitations, not pre-filing judging activity.
AAO stated that because the petitioner failed step 1, a full final merits determination was unnecessary, but noted that an aggregate review of the record still does not support a finding that the petitioner has established the required level of expertise.
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AAO stated that because the petitioner failed step 1, a full final merits determination was unnecessary, but noted that an aggregate review of the record still does not support a finding that the petitioner has established the required level of expertise.
AAO declined to conduct a formal final merits determination because the Petitioner failed to meet at least three criteria at step one, but noted in the aggregate that the record does not support the required level of expertise.
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AAO declined to conduct a formal final merits determination because the Petitioner failed to meet at least three criteria at step one, but noted in the aggregate that the record does not support the required level of expertise.
AAO raised this issue in the NOID/RFE; the Petitioner declined to provide requested documentation, so AAO concluded the Petitioner had not established ability to pay.
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AAO raised this issue in the NOID/RFE; the Petitioner declined to provide requested documentation, so AAO concluded the Petitioner had not established ability to pay.
AAO raised this issue sua sponte in the NOID/RFE based on indications that the Petitioner is a staffing firm and the Beneficiary worked in Florida rather than the New Jersey job site; the Petitioner did not respond and AAO found the issue unresolved against the Petitioner.
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AAO raised this issue sua sponte in the NOID/RFE based on indications that the Petitioner is a staffing firm and the Beneficiary worked in Florida rather than the New Jersey job site; the Petitioner did not respond and AAO found the issue unresolved against the Petitioner.
12 months of qualifying experience by priority date
AAO 为什么未被说服
AAO agreed the Beneficiary did not establish 12 months of qualifying experience, finding the prior-employer experience evidence riddled with unresolved inconsistencies and the Petitioner-employment experience disqualified because the positions appeared substantially comparable and the Petitioner refused to provide requested documentation.
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AAO agreed the Beneficiary did not establish 12 months of qualifying experience, finding the prior-employer experience evidence riddled with unresolved inconsistencies and the Petitioner-employment experience disqualified because the positions appeared substantially comparable and the Petitioner refused to provide requested documentation.
high salary or remuneration (8 C.F.R. § 204.5(k)(3)(ii)(D))
AAO 为什么未被说服
The proffered wage of $41,172 is based on a collective bargaining agreement and matches the prevailing wage; tendering the prevailing wage does not show the position requires exceptional ability.
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The proffered wage of $41,172 is based on a collective bargaining agreement and matches the prevailing wage; tendering the prevailing wage does not show the position requires exceptional ability.
membership in professional associations (8 C.F.R. § 204.5(k)(3)(ii)(E))
AAO 为什么未被说服
Because membership is not expressly required on the ETA Form 9089, USCIS cannot impose or credit it; the Petitioner may not rely on requirements not documented on the form.
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Because membership is not expressly required on the ETA Form 9089, USCIS cannot impose or credit it; the Petitioner may not rely on requirements not documented on the form.
license to practice / certification (8 C.F.R. § 204.5(k)(3)(ii)(C))
AAO 为什么未被说服
Because the form requires only eligibility for a teaching license rather than possession of one at the priority date, the licensure criterion is not satisfied.
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Because the form requires only eligibility for a teaching license rather than possession of one at the priority date, the licensure criterion is not satisfied.