ten years of full-time experience in the occupation
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AAO disagreed with the Director, finding the experience documented was not in the DOL-certified occupation (dietitian/nutritionist). Letters used the term 'nutritionist' but described duties more consistent with kitchen management than nutrition.
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AAO disagreed with the Director, finding the experience documented was not in the DOL-certified occupation (dietitian/nutritionist). Letters used the term 'nutritionist' but described duties more consistent with kitchen management than nutrition.
Petitioner's listed requirements (associate degree, experience in alternate occupation, prevailing wage, knowledge of kosher laws) did not establish that the certified dietitian/nutritionist position requires exceptional ability.
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Petitioner's listed requirements (associate degree, experience in alternate occupation, prevailing wage, knowledge of kosher laws) did not establish that the certified dietitian/nutritionist position requires exceptional ability.
recognition for achievements and significant contributions
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Reference letters described Beneficiary's contributions to two restaurants' menus but did not show recognition for significant contributions to the industry or field. Contributing to a single restaurant's success without showing influence on broader trends is insufficient.
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Reference letters described Beneficiary's contributions to two restaurants' menus but did not show recognition for significant contributions to the industry or field. Contributing to a single restaurant's success without showing influence on broader trends is insufficient.
AAO withdrew the Director's finding, concluding that criterion vii applies to artists and requires display at artistic exhibitions or showcases. A competitive soccer player performing in stadiums does not meet this requirement.
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AAO withdrew the Director's finding, concluding that criterion vii applies to artists and requires display at artistic exhibitions or showcases. A competitive soccer player performing in stadiums does not meet this requirement.
The Petitioner only compared his salary to a selective list of teammates rather than to others in the broader field of soccer. He also failed to show that his sign-on bonus was significantly high compared to other soccer players in the field.
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The Petitioner only compared his salary to a selective list of teammates rather than to others in the broader field of soccer. He also failed to show that his sign-on bonus was significantly high compared to other soccer players in the field.
The articles were not about the Petitioner but about his teams and matches, only mentioning him incidentally. Additionally, the Petitioner failed to demonstrate that a circulation of 16,000 is indicative of a major medium in Georgia, as no comparative circulation statistics were provided.
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The articles were not about the Petitioner but about his teams and matches, only mentioning him incidentally. Additionally, the Petitioner failed to demonstrate that a circulation of 16,000 is indicative of a major medium in Georgia, as no comparative circulation statistics were provided.
The plain language of the regulation requires the alien to have actually received the awards. For the 2009 championship, Petitioner was on the reserve team and not shown to be on the winning team. For the bronze medals, the record did not sufficiently demonstrate his role to credit him with winning those awards.
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The plain language of the regulation requires the alien to have actually received the awards. For the 2009 championship, Petitioner was on the reserve team and not shown to be on the winning team. For the bronze medals, the record did not sufficiently demonstrate his role to credit him with winning those awards.
The Petitioner failed to show that the national team requires outstanding achievements as an essential condition for membership. The selection criteria described were based on personal athletic skills rather than prior outstanding achievements.
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The Petitioner failed to show that the national team requires outstanding achievements as an essential condition for membership. The selection criteria described were based on personal athletic skills rather than prior outstanding achievements.
AAO reviewed the record in the aggregate and found it did not establish the level of expertise required for the EB-1A classification, though it declined to conduct a formal Kazarian step-2 analysis given the failure at step 1.
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AAO reviewed the record in the aggregate and found it did not establish the level of expertise required for the EB-1A classification, though it declined to conduct a formal Kazarian step-2 analysis given the failure at step 1.
serving the national interest to a substantially greater degree than a U.S. worker
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AAO found the Petitioner had only four independent citations (not six as claimed), and the record did not show that her work had garnered significant independent citations or otherwise influenced the field as a whole. Reference letters made conclusory and uncorroborated claims. Peer review activities were routine and partly post-filing. A shortage of anesthesiologists alone is insufficient to justify the waiver.
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理解除了希望自我申请之外,哪些与具体事业相关的事实会影响豁免分析。
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AAO found the Petitioner had only four independent citations (not six as claimed), and the record did not show that her work had garnered significant independent citations or otherwise influenced the field as a whole. Reference letters made conclusory and uncorroborated claims. Peer review activities were routine and partly post-filing. A shortage of anesthesiologists alone is insufficient to justify the waiver.