Job requirements in the aggregate indicate exceptional ability
AAO 为什么未被说服
AAO holds that statute, case law, Chawathe, and USCIS policy require a two-step analysis. Considered together, the job requirements (standard education, required licensure, automatic union membership, and union-negotiated wages) do not reflect a degree of expertise above that ordinarily encountered.
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AAO holds that statute, case law, Chawathe, and USCIS policy require a two-step analysis. Considered together, the job requirements (standard education, required licensure, automatic union membership, and union-negotiated wages) do not reflect a degree of expertise above that ordinarily encountered.
Despite meeting three criteria, the Beneficiary's credentials did not demonstrate expertise significantly above that ordinarily encountered: the foreign degrees lacked a U.S. equivalency evaluation, the license is required of all teachers, and union membership does not indicate exceptional ability.
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Despite meeting three criteria, the Beneficiary's credentials did not demonstrate expertise significantly above that ordinarily encountered: the foreign degrees lacked a U.S. equivalency evaluation, the license is required of all teachers, and union membership does not indicate exceptional ability.
Professional association membership requirement (job offer) — 8 C.F.R. § 204.5(k)(3)(ii)(E)
AAO 为什么未被说服
AAO found that the state constitution does not establish the state entity as a membership organization and that unsupported brief statements are not evidence; furthermore, the fact that a union negotiated wages does not show the job requires union membership.
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AAO found that the state constitution does not establish the state entity as a membership organization and that unsupported brief statements are not evidence; furthermore, the fact that a union negotiated wages does not show the job requires union membership.
The wage data provided (SOC 25-3099) was not a meaningful comparison to the offered wage for a secondary teacher, and the bottom range of the proposed wage matched the prevailing wage on the labor certification, failing to show exceptional ability.
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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 wage data provided (SOC 25-3099) was not a meaningful comparison to the offered wage for a secondary teacher, and the bottom range of the proposed wage matched the prevailing wage on the labor certification, failing to show exceptional ability.