The record contained no documentary evidence of box office receipts or sales. Letters were unsworn and could not substitute for primary or secondary evidence. The petitioner did not establish that primary or secondary evidence was unavailable.
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The record contained no documentary evidence of box office receipts or sales. Letters were unsworn and could not substitute for primary or secondary evidence. The petitioner did not establish that primary or secondary evidence was unavailable.
Petitioner failed to submit documentary evidence of his own salary or remuneration, or of earnings of others in his occupation at the top level. Letters from colleagues lacked sworn affirmation and were insufficient. The article describing him as 'very expensive' came from a publication with no verified independent journalistic standing.
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Petitioner failed to submit documentary evidence of his own salary or remuneration, or of earnings of others in his occupation at the top level. Letters from colleagues lacked sworn affirmation and were insufficient. The article describing him as 'very expensive' came from a publication with no verified independent journalistic standing.
display of the alien's work at artistic exhibitions or showcases
AAO 为什么未被说服
AAO disagreed with the director, finding that criterion (vii) is limited to the visual arts. A music producer's work performed on stage or radio is not 'on display' in the same sense as a painter's or sculptor's work in a gallery.
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AAO disagreed with the director, finding that criterion (vii) is limited to the visual arts. A music producer's work performed on stage or radio is not 'on display' in the same sense as a painter's or sculptor's work in a gallery.
specific identification of erroneous conclusion of law or statement of fact
AAO 为什么未被说服
AAO found that the appellate statement merely repeated prior claims already considered, failed to address the director's findings on articles, citations, conference presentations, and clinical work, and did not explain why the unmentioned peer review activity should qualify the petitioner.
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AAO found that the appellate statement merely repeated prior claims already considered, failed to address the director's findings on articles, citations, conference presentations, and clinical work, and did not explain why the unmentioned peer review activity should qualify the petitioner.
leading or critical role for organizations or establishments with a distinguished reputation
证据为何得到认可
AAO disagreed with the director, finding that the record contained sufficient documentary evidence, including letters attesting to the leading and/or critical role the petitioner played in producing and arranging award-winning songs in Armenia.
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AAO disagreed with the director, finding that the record contained sufficient documentary evidence, including letters attesting to the leading and/or critical role the petitioner played in producing and arranging award-winning songs in Armenia.
AAO disagreed with the director, finding that the record contained sufficient documentary evidence establishing that the petitioner served as a judge in 2012.
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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 disagreed with the director, finding that the record contained sufficient documentary evidence establishing that the petitioner served as a judge in 2012.
Beneficiary qualifications per labor certification
证据为何得到认可
On de novo review, the AAO concluded the petitioner established the beneficiary more likely than not had all the required education, training, and experience as of the priority date.
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On de novo review, the AAO concluded the petitioner established the beneficiary more likely than not had all the required education, training, and experience as of the priority date.
The petitioner paid no wages to the beneficiary, had net income of $45,124 in 2011 and negative net income in 2012, and net current assets of approximately $546,000–$549,000 — all well short of the $1,294,508.80 combined annual obligation. The 2013 data was not provided. Future contract transfer was too speculative, and the Sonegawa totality-of-circumstances factors did not support ability to pay.
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The petitioner paid no wages to the beneficiary, had net income of $45,124 in 2011 and negative net income in 2012, and net current assets of approximately $546,000–$549,000 — all well short of the $1,294,508.80 combined annual obligation. The 2013 data was not provided. Future contract transfer was too speculative, and the Sonegawa totality-of-circumstances factors did not support ability to pay.
bona fide and realistic job offer at listed worksite
AAO 为什么未被说服
The petitioner listed a virtual office as its worksite on the labor certification, while the beneficiary would actually be located at a third-party employer's address in a different county and MSA. The petitioner failed to address this discrepancy on appeal, and a possible relocation to South Carolina made the situation worse. There was also no evidence of a genuine permanent employment relationship with the petitioner.
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The petitioner listed a virtual office as its worksite on the labor certification, while the beneficiary would actually be located at a third-party employer's address in a different county and MSA. The petitioner failed to address this discrepancy on appeal, and a possible relocation to South Carolina made the situation worse. There was also no evidence of a genuine permanent employment relationship with the petitioner.