AAO found that the petitioner substantially revised her claims by asserting she would become an independent contractor and online tutor, which was a material change from her original petition. Furthermore, she had no past track record in such ventures, and speculation about possible future success cannot establish present eligibility.
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AAO found that the petitioner substantially revised her claims by asserting she would become an independent contractor and online tutor, which was a material change from her original petition. Furthermore, she had no past track record in such ventures, and speculation about possible future success cannot establish present eligibility.
AAO agrees the petitioner failed to show national scope; he did not identify what work he would do in the U.S. and merely expressed an intention to work at an unnamed college/university.
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AAO agrees the petitioner failed to show national scope; he did not identify what work he would do in the U.S. and merely expressed an intention to work at an unnamed college/university.
benefit national interest to substantially greater degree than available U.S. worker
AAO 为什么未被说服
AAO agrees the petitioner failed to demonstrate the requisite track record of influence; citation evidence shows early influence but no ongoing pattern, and the petitioner submitted no third-party evidence of significance.
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AAO agrees the petitioner failed to demonstrate the requisite track record of influence; citation evidence shows early influence but no ongoing pattern, and the petitioner submitted no third-party evidence of significance.
The AAO raised this issue beyond the director's decision under its de novo authority. The beneficiary's work history disclosed no prior experience as a business systems consultant and no experience with key duties/platforms required by the labor certification. The petitioner failed to remedy this deficiency even after receiving a NOID.
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The AAO raised this issue beyond the director's decision under its de novo authority. The beneficiary's work history disclosed no prior experience as a business systems consultant and no experience with key duties/platforms required by the labor certification. The petitioner failed to remedy this deficiency even after receiving a NOID.
The petitioner's 2007 net income ($116,299) and net current assets ($102,112) were each individually insufficient to cover the ~$138,094 wage shortfall for simultaneously-pending beneficiaries. Net income and net current assets cannot be combined because they are distinct retrospective and prospective measures, and combining them risks double-counting.…
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The petitioner's 2007 net income ($116,299) and net current assets ($102,112) were each individually insufficient to cover the ~$138,094 wage shortfall for simultaneously-pending beneficiaries. Net income and net current assets cannot be combined because they are distinct retrospective and prospective measures, and combining them risks double-counting. The overall business indicators on the tax returns did not suffice to bridge the gap.
serve the national interest to a substantially greater degree than an available U.S. worker
AAO 为什么未被说服
AAO concludes the petitioner showed activity rather than influence: minimal citations (and self-citations not separated), most witnesses were mentors/collaborators predicting future adoption rather than documenting it, and appeal materials postdated filing and at most showed ongoing work and pending grant proposals.
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AAO concludes the petitioner showed activity rather than influence: minimal citations (and self-citations not separated), most witnesses were mentors/collaborators predicting future adoption rather than documenting it, and appeal materials postdated filing and at most showed ongoing work and pending grant proposals.
national interest substantially greater than available U.S. worker
AAO 为什么未被说服
AAO found the petitioner failed to establish a past record of demonstrable achievement with influence on the field as a whole. Post-filing evidence of increased production and job creation could not establish eligibility as of the filing date. The approved labor certification for a concurrent petition showed a U.S. worker with two years' cellophane experience could be found.…
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AAO found the petitioner failed to establish a past record of demonstrable achievement with influence on the field as a whole. Post-filing evidence of increased production and job creation could not establish eligibility as of the filing date. The approved labor certification for a concurrent petition showed a U.S. worker with two years' cellophane experience could be found. Witness letters from company employees attested to the beneficiary's manufacturing role but did not show contributions rising to the national interest threshold.
AAO did not disturb the director's finding that the benefit would be national in scope, but noted this prong relates to the nature of the occupation rather than the beneficiary's individual contributions.
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AAO did not disturb the director's finding that the benefit would be national in scope, but noted this prong relates to the nature of the occupation rather than the beneficiary's individual contributions.