AAO reversed the Director's favorable finding, concluding that the record lacked evidence to establish the publications appeared in professional, major trade, or major media outlets, as no circulation, distribution, or viewership information was provided.
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AAO reversed the Director's favorable finding, concluding that the record lacked evidence to establish the publications appeared in professional, major trade, or major media outlets, as no circulation, distribution, or viewership information was provided.
serves national interest to substantially greater degree than a U.S. worker with same minimum qualifications
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AAO found that the third prong does not require comparing specific accomplishments to other individuals, nor does it require meeting extraordinary ability evidentiary standards. Rather, the petitioner must show a past record demonstrating some degree of influence on the field as a whole. The Petitioner's evidence showed positive impact only at the local level on her own students, not broader influence within her field.
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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 that the third prong does not require comparing specific accomplishments to other individuals, nor does it require meeting extraordinary ability evidentiary standards. Rather, the petitioner must show a past record demonstrating some degree of influence on the field as a whole. The Petitioner's evidence showed positive impact only at the local level on her own students, not broader influence within her field.
Ability to pay via financial officer statement (100+ employees)
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The letter misstated the proffered wage as $124,800 instead of $156,520, and counsel's unsupported assertion of inadvertent error did not establish facts of record. Additionally, the record did not establish the executive vice president as 'a financial officer of the organization' as required by the regulation.
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The letter misstated the proffered wage as $124,800 instead of $156,520, and counsel's unsupported assertion of inadvertent error did not establish facts of record. Additionally, the record did not establish the executive vice president as 'a financial officer of the organization' as required by the regulation.
Net income figures from the Petitioner's tax returns ($11,715 in 2010; $2,480 in 2011; $23,909 in 2012) fell far short of the annual differences between the proffered wage and the wages actually paid to the Beneficiary.
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Net income figures from the Petitioner's tax returns ($11,715 in 2010; $2,480 in 2011; $23,909 in 2012) fell far short of the annual differences between the proffered wage and the wages actually paid to the Beneficiary.
Net current assets were $65,553 in 2010 (below the $108,214.50 shortfall), and negative in 2011 and 2012. Bank account balances were already reflected in the tax return current asset figures and could not be counted separately. Unaudited financial statements covering only February 2013 were insufficient to demonstrate continuing ability to pay.
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Net current assets were $65,553 in 2010 (below the $108,214.50 shortfall), and negative in 2011 and 2012. Bank account balances were already reflected in the tax return current asset figures and could not be counted separately. Unaudited financial statements covering only February 2013 were insufficient to demonstrate continuing ability to pay.
The W-2s issued by the Petitioner showed wages well below the proffered wage of $156,520 in all relevant years. Additional W-2s from a related entity with a different FEIN could not be attributed to the Petitioner, as only entities with a legal obligation to pay the wage may be considered.
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The W-2s issued by the Petitioner showed wages well below the proffered wage of $156,520 in all relevant years. Additional W-2s from a related entity with a different FEIN could not be attributed to the Petitioner, as only entities with a legal obligation to pay the wage may be considered.
Ability to pay under totality of circumstances (Sonegawa)
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Unlike in Sonegawa, the record showed no outstanding industry reputation, no uncharacteristic business losses, no claim that the Beneficiary would replace a current employee, a requirement to cover multiple beneficiaries' wages, and over $500,000 in outstanding tax liens against the Petitioner.
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Unlike in Sonegawa, the record showed no outstanding industry reputation, no uncharacteristic business losses, no claim that the Beneficiary would replace a current employee, a requirement to cover multiple beneficiaries' wages, and over $500,000 in outstanding tax liens against the Petitioner.
Ability to pay combined proffered wages of multiple beneficiaries
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USCIS records showed the Petitioner had filed at least 11 other immigrant visa petitions since 2007. The Petitioner must demonstrate ability to pay the combined proffered wages of all beneficiaries with pending petitions. In response to the RFE, the Petitioner identified only two of those petitions and did not provide the proffered wages, so this requirement was not met.
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USCIS records showed the Petitioner had filed at least 11 other immigrant visa petitions since 2007. The Petitioner must demonstrate ability to pay the combined proffered wages of all beneficiaries with pending petitions. In response to the RFE, the Petitioner identified only two of those petitions and did not provide the proffered wages, so this requirement was not met.
AAO affirmed the Director's favorable finding, noting that the Petitioner submitted sufficient evidence about The Family and her role as Creative Director and Executive Producer/Coordinator to establish the criterion.
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AAO affirmed the Director's favorable finding, noting that the Petitioner submitted sufficient evidence about The Family and her role as Creative Director and Executive Producer/Coordinator to establish the criterion.
AAO declined to conduct a formal final merits determination because the Petitioner failed to meet the initial evidentiary threshold of three criteria, but noted in the alternative that the aggregate record does not support the required level of expertise.
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AAO declined to conduct a formal final merits determination because the Petitioner failed to meet the initial evidentiary threshold of three criteria, but noted in the alternative that the aggregate record does not support the required level of expertise.