AAO found that the Petitioner's annual salary of $107,712 was below the Level 4 prevailing wage of $121,805, the $68/hour billing rate appeared to be the client billing rate not his personal salary, and his Indian salary of eight lakh rupees was below what good software programmers can easily earn, all failing to demonstrate a high salary relative to others in the field.
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AAO found that the Petitioner's annual salary of $107,712 was below the Level 4 prevailing wage of $121,805, the $68/hour billing rate appeared to be the client billing rate not his personal salary, and his Indian salary of eight lakh rupees was below what good software programmers can easily earn, all failing to demonstrate a high salary relative to others in the field.
leading or critical role for organizations with distinguished reputation
AAO 为什么未被说服
AAO found that letters discussing the Petitioner's exemplary work on projects do not address his relative position within the organizations or his overall impact on the establishments, and that operating as an individual contributor on large projects does not constitute a leading or critical role.
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AAO found that letters discussing the Petitioner's exemplary work on projects do not address his relative position within the organizations or his overall impact on the establishments, and that operating as an individual contributor on large projects does not constitute a leading or critical role.
authorship of scholarly articles in professional or major trade publications
AAO 为什么未被说服
AAO found that the thesis was not shown to have appeared in a professional or major trade publication or other major media. AAO also found that the article the Petitioner claimed cited his thesis did not in fact contain such a citation, and that conference presentations do not satisfy the authorship requirement regardless.
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AAO found that the thesis was not shown to have appeared in a professional or major trade publication or other major media. AAO also found that the article the Petitioner claimed cited his thesis did not in fact contain such a citation, and that conference presentations do not satisfy the authorship requirement regardless.
AAO explicitly declined to conduct a full final merits determination because the Petitioner failed to meet the threshold of three criteria at step 1, but noted the aggregate record does not support the required level of expertise.
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AAO explicitly declined to conduct a full final merits determination because the Petitioner failed to meet the threshold of three criteria at step 1, but noted the aggregate record does not support the required level of expertise.
The biographical volumes were for-profit publications with no evidence of national or international recognition. The organization's nominations were not prizes or awards per the plain language of the regulation, and a government website identified the organization as a scam that charges money for its honors. The petitioner did not rebut these concerns.
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The biographical volumes were for-profit publications with no evidence of national or international recognition. The organization's nominations were not prizes or awards per the plain language of the regulation, and a government website identified the organization as a scam that charges money for its honors. The petitioner did not rebut these concerns.
display of work at artistic exhibitions or showcases
AAO 为什么未被说服
The criterion is limited by its plain language to artistic exhibitions and showcases. Because the petitioner is not an artist and scientific presentations are already counted under the scholarly articles criterion, counting them again here would undermine the requirement to satisfy three separate criteria.
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The criterion is limited by its plain language to artistic exhibitions and showcases. Because the petitioner is not an artist and scientific presentations are already counted under the scholarly articles criterion, counting them again here would undermine the requirement to satisfy three separate criteria.
AAO rejected the petitioner's legal challenge to the two-step approach, finding it consistent with the statute, regulations, and federal case law including post-appeal Ninth Circuit reaffirmations.…
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AAO rejected the petitioner's legal challenge to the two-step approach, finding it consistent with the statute, regulations, and federal case law including post-appeal Ninth Circuit reaffirmations. On the merits, the evidence in aggregate did not establish the petitioner as among the small percentage at the top of the field; judging was routine, publications were dated and uncited, contributions lacked corroboration, and expert letters stood alone without supporting independent documentation.
leading or critical role for distinguished organizations
AAO 为什么未被说服
The petitioner is not a named member of the research collaboration, not a credited author on any of its articles or presentations, and not an identified collaborator in any memorandum of understanding. The record also lacks evidence that he was ever employed at the university he claimed a role with.
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The petitioner is not a named member of the research collaboration, not a credited author on any of its articles or presentations, and not an identified collaborator in any memorandum of understanding. The record also lacks evidence that he was ever employed at the university he claimed a role with.
Expert letters described the petitioner's work as having potential future significance but did not demonstrate existing major impact on the field. The petitioner had no peer-reviewed publications as a credited author on the mirror design work, was not a listed member or credited coauthor of the research collaboration, and citation or follow-up evidence in the field was absent.
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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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Expert letters described the petitioner's work as having potential future significance but did not demonstrate existing major impact on the field. The petitioner had no peer-reviewed publications as a credited author on the mirror design work, was not a listed member or credited coauthor of the research collaboration, and citation or follow-up evidence in the field was absent.
The record includes articles in journals dating from 1997 through 1999 and presentations published in proceedings in 1997 and 1998, supporting the Director's favorable finding.
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The record includes articles in journals dating from 1997 through 1999 and presentations published in proceedings in 1997 and 1998, supporting the Director's favorable finding.