Beneficiary possesses required educational credentials for advanced degree professional
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The Beneficiary's 3-year Indian bachelor's degree is only equivalent to 3 years of U.S. university study, not a full U.S. bachelor's degree. The certificate-issuing institute is not recognized as a college or university by the University Grants Commission. The expert evaluation impermissibly combines the two credentials to reach equivalency, which the regulations do not permit.
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The Beneficiary's 3-year Indian bachelor's degree is only equivalent to 3 years of U.S. university study, not a full U.S. bachelor's degree. The certificate-issuing institute is not recognized as a college or university by the University Grants Commission. The expert evaluation impermissibly combines the two credentials to reach equivalency, which the regulations do not permit.
lesser nationally or internationally recognized prizes or awards
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The Petitioner acknowledged not having received any prizes or awards himself. The training of horses on winning teams does not constitute comparable evidence of nationally or internationally recognized prizes or awards for the Petitioner, as many factors influence a team's win and the record lacked documentation establishing that any award recognized the Petitioner's own expertise as a trainer.
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The Petitioner acknowledged not having received any prizes or awards himself. The training of horses on winning teams does not constitute comparable evidence of nationally or internationally recognized prizes or awards for the Petitioner, as many factors influence a team's win and the record lacked documentation establishing that any award recognized the Petitioner's own expertise as a trainer.
published material about the alien in professional or major trade publications or other major media
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The submitted published materials did not mention the Petitioner by name, did not discuss horse training in general, and did not reference his work or accomplishments specifically. Articles about polo players and teams that employed the Petitioner are not about him, and readers would not associate the material with his work as a horse trainer.
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The submitted published materials did not mention the Petitioner by name, did not discuss horse training in general, and did not reference his work or accomplishments specifically. Articles about polo players and teams that employed the Petitioner are not about him, and readers would not associate the material with his work as a horse trainer.
membership in associations requiring outstanding achievements
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Employment with a private polo team is not comparable to membership in an association requiring outstanding achievements. The Petitioner did not demonstrate that the employer-employee relationship is akin to an association-member relationship, nor that the hiring criteria were comparable to 'outstanding achievements' as judged by recognized national or international experts.
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Employment with a private polo team is not comparable to membership in an association requiring outstanding achievements. The Petitioner did not demonstrate that the employer-employee relationship is akin to an association-member relationship, nor that the hiring criteria were comparable to 'outstanding achievements' as judged by recognized national or international experts.
AAO finds the wage data submitted (SOC 25-3099) is not a meaningful comparison to a secondary teacher position, and the bottom of the proposed wage merely matches the prevailing wage. Tendering the prevailing wage does not indicate the job requires an individual of exceptional ability.
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AAO finds the wage data submitted (SOC 25-3099) is not a meaningful comparison to a secondary teacher position, and the bottom of the proposed wage merely matches the prevailing wage. Tendering the prevailing wage does not indicate the job requires an individual of exceptional ability.
Beneficiary's evidence in the aggregate (final merits)
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AAO finds the Beneficiary's education does not exceed that typically encountered among teachers, the license is required of all teachers, and union membership is not indicative of exceptional ability, so the totality does not demonstrate the requisite degree of expertise.
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AAO finds the Beneficiary's education does not exceed that typically encountered among teachers, the license is required of all teachers, and union membership is not indicative of exceptional ability, so the totality does not demonstrate the requisite degree of expertise.
Because Petitioner submitted wage data for a different occupation and the union negotiates teacher salaries, the record does not establish the salary indicates exceptional ability.
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Because Petitioner submitted wage data for a different occupation and the union negotiates teacher salaries, the record does not establish the salary indicates exceptional ability.
The Beneficiary's annual salary of $76,706 could not be assessed for exceptional ability because the provided wage data was for a different occupation, and the union-negotiated salary was standard for a teacher at that experience level.
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The Beneficiary's annual salary of $76,706 could not be assessed for exceptional ability because the provided wage data was for a different occupation, and the union-negotiated salary was standard for a teacher at that experience level.
Job requires membership in professional associations (job-offer side)
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AAO finds the petitioner did not document that the entity admits members or that the state constitution creates automatic membership; unsupported brief statements are not evidence. AAO also finds that the union negotiating wages does not show that the job requires union membership.
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AAO finds the petitioner did not document that the entity admits members or that the state constitution creates automatic membership; unsupported brief statements are not evidence. AAO also finds that the union negotiating wages does not show that the job requires union membership.