AAO held that comparable evidence is not available because the ten criteria readily apply to art directors, the offer was already considered under the salary criterion, and the Petitioner did not establish its own renown.
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AAO held that comparable evidence is not available because the ten criteria readily apply to art directors, the offer was already considered under the salary criterion, and the Petitioner did not establish its own renown.
AAO declined a full final merits analysis because the threshold three-criteria requirement was not met but noted the aggregate record did not establish the required level of expertise.
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AAO declined a full final merits analysis because the threshold three-criteria requirement was not met but noted the aggregate record did not establish the required level of expertise.
AAO found this criterion is limited to the performing arts, which is not the Beneficiary's field; evidence pertained to painting values and is more relevant to the remuneration criterion.
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AAO found this criterion is limited to the performing arts, which is not the Beneficiary's field; evidence pertained to painting values and is more relevant to the remuneration criterion.
published material about the alien in professional or major trade publications or other major media
AAO 为什么未被说服
AAO concurred. Translations were uncertified, no circulation evidence was submitted, articles concerned the Beneficiary as an oil painter rather than art director, and there was an unresolved discrepancy between the dated cover and content of one publication.
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AAO concurred. Translations were uncertified, no circulation evidence was submitted, articles concerned the Beneficiary as an oil painter rather than art director, and there was an unresolved discrepancy between the dated cover and content of one publication.
display of the alien's work at artistic exhibitions or showcases
AAO 为什么未被说服
AAO disagreed: although the displays reflect achievements as an oil painter, they do not demonstrate extraordinary ability as an art director, the field of the proffered position.
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AAO disagreed: although the displays reflect achievements as an oil painter, they do not demonstrate extraordinary ability as an art director, the field of the proffered position.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO concurred. Translations were uncertified, the Petitioner provided no evidence of membership requirements or expert judges, and membership appeared to relate to the Beneficiary's work as an artist rather than as an art director.
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AAO concurred. Translations were uncertified, the Petitioner provided no evidence of membership requirements or expert judges, and membership appeared to relate to the Beneficiary's work as an artist rather than as an art director.
Recognition for achievements and significant contributions to the industry or field
AAO 为什么未被说服
AAO found the $90 million savings claim was overstated and not directly attributable to the Beneficiary's work, and that while the client employees respected the Beneficiary's abilities, neither they nor the professor explained how his work impacted the broader field of software development beyond his employer's clients.
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AAO found the $90 million savings claim was overstated and not directly attributable to the Beneficiary's work, and that while the client employees respected the Beneficiary's abilities, neither they nor the professor explained how his work impacted the broader field of software development beyond his employer's clients.
Ten years of full-time experience in the occupation
AAO 为什么未被说服
AAO found the letters from the subsidiary company's technical account manager insufficiently credible because he lacked demonstrated knowledge of the Beneficiary's work, and that the described duties for 2002–2010 were technical support rather than software development. The 1999–2002 affidavits were also contradicted by a prior labor certification showing a support role rather than software development.…
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AAO found the letters from the subsidiary company's technical account manager insufficiently credible because he lacked demonstrated knowledge of the Beneficiary's work, and that the described duties for 2002–2010 were technical support rather than software development. The 1999–2002 affidavits were also contradicted by a prior labor certification showing a support role rather than software development. Only ~3 years of qualifying experience with the Petitioner was established.
authorship of scholarly articles in the field, in professional or major trade publications or other major media
证据为何得到认可
AAO found the paper satisfied the criterion because it reports findings of a scientific study, uses research methodology, cites other scholarly articles, has co-authors who are professors, and was apparently presented at a conference; the journal also publishes a variety of scholarly articles qualifying it as a professional publication.
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AAO found the paper satisfied the criterion because it reports findings of a scientific study, uses research methodology, cites other scholarly articles, has co-authors who are professors, and was apparently presented at a conference; the journal also publishes a variety of scholarly articles qualifying it as a professional publication.