labor certification establishes position requires advanced degree professional
AAO 为什么未被说服
AAO affirmed, holding that the plain language of Part H.14 permits a combination of lesser degrees and that AAO may not ignore terms of the labor certification. The recruitment documentation was inconclusive as it did not specify the nature of the bachelor's-degree equivalency.
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AAO affirmed, holding that the plain language of Part H.14 permits a combination of lesser degrees and that AAO may not ignore terms of the labor certification. The recruitment documentation was inconclusive as it did not specify the nature of the bachelor's-degree equivalency.
beneficiary's possession of qualifying experience by priority date
AAO 为什么未被说服
AAO found two employer letters deficient under 8 C.F.R. § 204.5(g)(1) for failing to describe the Beneficiary's experience, and rejected the coworker affidavit as secondary evidence because the petitioner did not establish the unavailability of the required primary evidence.
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AAO found two employer letters deficient under 8 C.F.R. § 204.5(g)(1) for failing to describe the Beneficiary's experience, and rejected the coworker affidavit as secondary evidence because the petitioner did not establish the unavailability of the required primary evidence.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
AAO agreed the awards lack context demonstrating national or international recognition or that they were given for excellence in dance or choreography.
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AAO agreed the awards lack context demonstrating national or international recognition or that they were given for excellence in dance or choreography.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO withdrew the Director's finding, concluding the troupe relationship was employment rather than association membership and that the union membership lacked evidence that outstanding achievements are required as judged by recognized national or international experts.
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AAO withdrew the Director's finding, concluding the troupe relationship was employment rather than association membership and that the union membership lacked evidence that outstanding achievements are required as judged by recognized national or international experts.
published material about the individual in professional or major trade publications or major media
AAO 为什么未被说服
AAO found the Petitioner provided no copies of the underlying articles, did not show they were unavailable, did not establish the articles were about him personally rather than about the troupe, and did not show the publications constituted major media.
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AAO found the Petitioner provided no copies of the underlying articles, did not show they were unavailable, did not establish the articles were about him personally rather than about the troupe, and did not show the publications constituted major media.
leading or critical role for organizations with a distinguished reputation
AAO 为什么未被说服
AAO acknowledged the troupe had a distinguished reputation but found the documentation insufficient to corroborate that Petitioner's role was leading or critical, with conclusory letters lacking context regarding hierarchy, duties, or impact.
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AAO acknowledged the troupe had a distinguished reputation but found the documentation insufficient to corroborate that Petitioner's role was leading or critical, with conclusory letters lacking context regarding hierarchy, duties, or impact.
AAO found no box office receipts or corroborating evidence of tour dates or ticket sales, and no evidence linking commercial success to the Petitioner's specific participation or prominence.
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AAO found no box office receipts or corroborating evidence of tour dates or ticket sales, and no evidence linking commercial success to the Petitioner's specific participation or prominence.
display of the individual's work at artistic exhibitions or showcases
证据为何得到认可
AAO agreed Petitioner provided sufficient evidence of his work being displayed at artistic exhibitions through posters and brochures of his performances.
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AAO agreed Petitioner provided sufficient evidence of his work being displayed at artistic exhibitions through posters and brochures of his performances.
intent to continue work in area of extraordinary ability
AAO 为什么未被说服
Petitioner left Form I-140 Part 6 blank, did not respond to the RFE on intended employment, and never identified the role he intended to fill in the U.S.; the record suggests he has shifted from dancer to choreographer/instructor, which AAO treats as different areas of expertise.
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Petitioner left Form I-140 Part 6 blank, did not respond to the RFE on intended employment, and never identified the role he intended to fill in the U.S.; the record suggests he has shifted from dancer to choreographer/instructor, which AAO treats as different areas of expertise.