AAO agreed the petitioner had not shown his clinical work has national impact, and while research has greater national scope, the petitioner failed to document his claimed job offers at research/teaching institutions or show demand for his services as a researcher beyond his time-limited fellowship.
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AAO agreed the petitioner had not shown his clinical work has national impact, and while research has greater national scope, the petitioner failed to document his claimed job offers at research/teaching institutions or show demand for his services as a researcher beyond his time-limited fellowship.
serve national interest to substantially greater degree than available U.S. worker
AAO 为什么未被说服
AAO found the expert letters describe ongoing research that has not yet influenced the field, the letters use future tense about impact, corroborating evidence is absent, and a shortage of workers is not grounds for an NIW under NYSDOT. Most presentations were in-house or regional, not at a national level.
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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 the expert letters describe ongoing research that has not yet influenced the field, the letters use future tense about impact, corroborating evidence is absent, and a shortage of workers is not grounds for an NIW under NYSDOT. Most presentations were in-house or regional, not at a national level.
Submission of required ETA-750B or ETA-9089 Parts J, K, L
AAO 为什么未被说服
Because the petitioner did not address this finding on appeal, AAO affirmed the director's conclusion that the petitioner failed to properly apply for the national interest waiver.
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Because the petitioner did not address this finding on appeal, AAO affirmed the director's conclusion that the petitioner failed to properly apply for the national interest waiver.
The petitioner's claims of national-scope impact were entirely speculative, resting on preliminary unproven projects with no evidence of actual benefit to anyone.
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The petitioner's claims of national-scope impact were entirely speculative, resting on preliminary unproven projects with no evidence of actual benefit to anyone.
national interest substantially greater than available U.S. worker
AAO 为什么未被说服
AAO found that the letters contained unverified claims of fact (e.g., discovery of shale plays) not corroborated by independent documentary evidence, and that the petitioner's work involved applying existing field technologies rather than contributions beyond the capabilities of other engineers. The petitioner did not establish a past record of demonstrable achievement with influence on the field as a whole.
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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 letters contained unverified claims of fact (e.g., discovery of shale plays) not corroborated by independent documentary evidence, and that the petitioner's work involved applying existing field technologies rather than contributions beyond the capabilities of other engineers. The petitioner did not establish a past record of demonstrable achievement with influence on the field as a whole.
AAO agreed that major fossil fuel projects have a significant economic impact of national scope, but noted this does not collectively qualify all engineers for a blanket waiver.
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AAO agreed that major fossil fuel projects have a significant economic impact of national scope, but noted this does not collectively qualify all engineers for a blanket waiver.
Possession of advanced degree in a field required by the labor certification
AAO 为什么未被说服
AAO agreed the record failed to establish the required degree field. The evaluation conflicted with the EDGE source it relied upon; the expert letter did not rely on independent evidence of course content, did not justify the selection of comparison U.S. universities, and did not demonstrate the beneficiary satisfied all requirements of those programs.…
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AAO agreed the record failed to establish the required degree field. The evaluation conflicted with the EDGE source it relied upon; the expert letter did not rely on independent evidence of course content, did not justify the selection of comparison U.S. universities, and did not demonstrate the beneficiary satisfied all requirements of those programs. The record also lacked explanation from AACRAO about the EDGE 'author notes' statement.
AAO found the newly submitted financial evidence originated after the original decision and therefore did not constitute grounds to reopen or overturn prior decisions affirming the director's denial.
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AAO found the newly submitted financial evidence originated after the original decision and therefore did not constitute grounds to reopen or overturn prior decisions affirming the director's denial.