published material about the alien in professional or major trade publications or other major media
AAO 为什么未被说服
AAO affirmed that without complete translations the regulatory requirement at 8 C.F.R. § 103.2(b)(3) is not met, the brief excerpts fail to establish the articles are 'about' the Petitioner, and the Petitioner did not document that publications were major media or properly advance a comparable evidence argument.
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AAO affirmed that without complete translations the regulatory requirement at 8 C.F.R. § 103.2(b)(3) is not met, the brief excerpts fail to establish the articles are 'about' the Petitioner, and the Petitioner did not document that publications were major media or properly advance a comparable evidence argument.
one-time achievement / major internationally recognized award
AAO 为什么未被说服
AAO found that the Petitioner had not established that either of the international competitions where he finished in the top three are internationally recognized in the field as one of the top awards for ice skating. The Petitioner ultimately abandoned this claim in response to the RFE.
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AAO found that the Petitioner had not established that either of the international competitions where he finished in the top three are internationally recognized in the field as one of the top awards for ice skating. The Petitioner ultimately abandoned this claim in response to the RFE.
display of the alien's work at artistic exhibitions or showcases
AAO 为什么未被说服
AAO concluded that athletic figure skating competitions are not artistic exhibitions or showcases within the meaning of the criterion, even if artistic elements are included in scoring. The Petitioner did not show he displayed his talent at exhibitions or showcases other than sports competitions, and accepting his argument would improperly merge two criteria for athletes in sports with artistic elements.
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AAO concluded that athletic figure skating competitions are not artistic exhibitions or showcases within the meaning of the criterion, even if artistic elements are included in scoring. The Petitioner did not show he displayed his talent at exhibitions or showcases other than sports competitions, and accepting his argument would improperly merge two criteria for athletes in sports with artistic elements.
Schedule A job offer requires individual of exceptional ability
AAO 为什么未被说服
AAO found the Form 9089 description conclusory, the headmaster's letter and salary data unpersuasive, and concluded the job offer portion of the Schedule A application does not show the position requires exceptional ability.
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AAO found the Form 9089 description conclusory, the headmaster's letter and salary data unpersuasive, and concluded the job offer portion of the Schedule A application does not show the position requires exceptional ability.
membership in associations requiring outstanding achievements
证据为何得到认可
AAO found in the RFE that the Petitioner's membership on a national team served to meet this criterion, as the competitive nature of the selection process for such a team satisfies the requirement for outstanding achievements judged by recognized experts.
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AAO found in the RFE that the Petitioner's membership on a national team served to meet this criterion, as the competitive nature of the selection process for such a team satisfies the requirement for outstanding achievements judged by recognized experts.
lesser nationally or internationally recognized prizes or awards
证据为何得到认可
AAO affirmed that the Petitioner's competition results, including placing first through third at events and representing his country at two international competitions, satisfy this criterion.
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AAO affirmed that the Petitioner's competition results, including placing first through third at events and representing his country at two international competitions, satisfy this criterion.
leading or critical role for organizations or establishments with a distinguished reputation
AAO 为什么未被说服
AAO found that the Petitioner did not provide specific information about how he fit within the hierarchy of the national team or his impact on the team. Letters from coaches were conclusory, and merely asserting that meeting one criterion (membership) presumes meeting another is inconsistent with the statutory requirement for extensive evidence.
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AAO found that the Petitioner did not provide specific information about how he fit within the hierarchy of the national team or his impact on the team. Letters from coaches were conclusory, and merely asserting that meeting one criterion (membership) presumes meeting another is inconsistent with the statutory requirement for extensive evidence.
Successor in interest to labor certification employer
AAO 为什么未被说服
Although AAO withdrew the Director's subsidiary findings regarding affiliate/parent relationships (those being established by public records), AAO agreed that the Petitioner itself did not acquire the essential rights and obligations of the labor certification employer. The Petitioner was not a party to the acquisition agreement, and an affiliate's or parent's successorship cannot be imputed to the Petitioner.
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Although AAO withdrew the Director's subsidiary findings regarding affiliate/parent relationships (those being established by public records), AAO agreed that the Petitioner itself did not acquire the essential rights and obligations of the labor certification employer. The Petitioner was not a party to the acquisition agreement, and an affiliate's or parent's successorship cannot be imputed to the Petitioner.
AAO found a diverse skill set, future training to become an examiner, and teaching students who won competitions did not constitute original contributions of major significance to the field.
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 a diverse skill set, future training to become an examiner, and teaching students who won competitions did not constitute original contributions of major significance to the field.
AAO found the Petitioner's evidence in the aggregate showed talent but not sustained acclaim or top-of-field status; venues were local, judging was of students/amateurs, and publications had limited impact.
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AAO found the Petitioner's evidence in the aggregate showed talent but not sustained acclaim or top-of-field status; venues were local, judging was of students/amateurs, and publications had limited impact.