Beneficiary's qualifying experience under the labor certification
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The single employment letter submitted conflicts with the labor certification's representation that the Beneficiary worked in India from November 2004 to December 2006, as the letter does not mention that Indian employment. Without those approximately 2 years, the Beneficiary has only about 4 years of qualifying experience, falling short of the required 5 years.
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The single employment letter submitted conflicts with the labor certification's representation that the Beneficiary worked in India from November 2004 to December 2006, as the letter does not mention that Indian employment. Without those approximately 2 years, the Beneficiary has only about 4 years of qualifying experience, falling short of the required 5 years.
Five years of progressive post-baccalaureate experience
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The Beneficiary's post-baccalaureate experience totaled less than one year by the priority date. Experience gained prior to obtaining the master's degree could not be counted toward the required five years of progressive post-baccalaureate experience.
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The Beneficiary's post-baccalaureate experience totaled less than one year by the priority date. Experience gained prior to obtaining the master's degree could not be counted toward the required five years of progressive post-baccalaureate experience.
lesser nationally or internationally recognized prizes or awards
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AAO found that the Petitioner failed to demonstrate her awards are nationally or internationally recognized for excellence in the field. The translation certifications were deficient, the awards lacked documented selection criteria or evidence of recognition beyond the awarding entity, and at least one award was described as promoting general women's self-improvement rather than achievement in a specific field.
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AAO found that the Petitioner failed to demonstrate her awards are nationally or internationally recognized for excellence in the field. The translation certifications were deficient, the awards lacked documented selection criteria or evidence of recognition beyond the awarding entity, and at least one award was described as promoting general women's self-improvement rather than achievement in a specific field.
original contributions of major significance in the field
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AAO found that while the Petitioner's television show enjoyed some success locally, the letters in support did not provide specific examples of how contributions influenced the field as a whole, and no documentary evidence demonstrated that her work affected the television industry at a level indicative of a contribution of major significance.
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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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AAO found that while the Petitioner's television show enjoyed some success locally, the letters in support did not provide specific examples of how contributions influenced the field as a whole, and no documentary evidence demonstrated that her work affected the television industry at a level indicative of a contribution of major significance.
authorship of scholarly articles in professional or major trade publications or other major media
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AAO found that the Petitioner failed to demonstrate her articles were peer-reviewed or scholarly, that the publication qualified as a professional or major trade publication or major media, or that one article was published in any media at all. Other submitted works bore no indication of publication.
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了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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AAO found that the Petitioner failed to demonstrate her articles were peer-reviewed or scholarly, that the publication qualified as a professional or major trade publication or major media, or that one article was published in any media at all. Other submitted works bore no indication of publication.
AAO reviewed the record on its own initiative and found that while some certificates mentioned the Petitioner's appointment or invitation to serve as a judge, none demonstrated she actually functioned in the capacity of judge for any specific competition. AAO withdrew the Director's favorable finding on this criterion.
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了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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AAO reviewed the record on its own initiative and found that while some certificates mentioned the Petitioner's appointment or invitation to serve as a judge, none demonstrated she actually functioned in the capacity of judge for any specific competition. AAO withdrew the Director's favorable finding on this criterion.
published material about the alien in professional or major trade publications or other major media
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AAO found that multiple articles lacked identified authors as required by regulation, descriptions from a search engine could not be corroborated, and the Petitioner provided no objective evidence of circulation figures to demonstrate any publication qualifies as professional or major trade publications or major media.
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AAO found that multiple articles lacked identified authors as required by regulation, descriptions from a search engine could not be corroborated, and the Petitioner provided no objective evidence of circulation figures to demonstrate any publication qualifies as professional or major trade publications or major media.
membership in associations requiring outstanding achievements
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AAO found that holding an official position within an organization, without evidence of the requirements for that position, does not show that outstanding achievements are prerequisites. The Petitioner failed to provide membership requirements for most organizations or requirements for attaining the official positions she held.…
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AAO found that holding an official position within an organization, without evidence of the requirements for that position, does not show that outstanding achievements are prerequisites. The Petitioner failed to provide membership requirements for most organizations or requirements for attaining the official positions she held. Evidence related to conferences did not show actual association membership, and the adjunct professorship was not shown to be at an association requiring outstanding achievements.
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 in the aggregate the 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 in the aggregate the record does not support the required level of expertise.
AAO agreed that articles not mentioning the Petitioner by name are not 'about' her as required by the plain language of the regulation. AAO also rejected the comparable evidence argument because the Petitioner did not explain how items not about a designer are comparable to articles that are.
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AAO agreed that articles not mentioning the Petitioner by name are not 'about' her as required by the plain language of the regulation. AAO also rejected the comparable evidence argument because the Petitioner did not explain how items not about a designer are comparable to articles that are.