The reference letters, certificates, and other evidence demonstrate only local or institutional impact. General importance of education as a field and the aggregate efforts of many teachers do not give national scope to the work of each individual teacher. The NCLBA does not create or imply a blanket waiver for highly qualified foreign teachers.
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣,以及过去经历与未来计划之间的连接。
查看完整裁决理由 +
The reference letters, certificates, and other evidence demonstrate only local or institutional impact. General importance of education as a field and the aggregate efforts of many teachers do not give national scope to the work of each individual teacher. The NCLBA does not create or imply a blanket waiver for highly qualified foreign teachers.
AAO found that the petitioner's impact was limited to students at her school. A local-scale contribution to a national effort does not meet the NYSDOT threshold, and the aggregate national effect of thousands of teachers does not give national scope to the work of each individual teacher.
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣,以及过去经历与未来计划之间的连接。
查看完整裁决理由 +
AAO found that the petitioner's impact was limited to students at her school. A local-scale contribution to a national effort does not meet the NYSDOT threshold, and the aggregate national effect of thousands of teachers does not give national scope to the work of each individual teacher.
national interest to a substantially greater degree than U.S. workers with same minimum qualifications
AAO 为什么未被说服
The AAO found that the petitioner's evidence of local achievements, awards of at most institutional or regional significance, and professional development did not establish that she would serve the national interest to a substantially greater degree than similarly qualified U.S. workers.…
为什么值得参考
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。
查看完整裁决理由 +
The AAO found that the petitioner's evidence of local achievements, awards of at most institutional or regional significance, and professional development did not establish that she would serve the national interest to a substantially greater degree than similarly qualified U.S. workers. The NYSDOT guidelines do not require an item-by-item comparison, but the petitioner must establish a record of influence on the field as a whole, which the petitioner failed to do.
The AAO found that the reference letters addressed only the petitioner's local effectiveness and personal qualities without demonstrating national-level influence. General arguments about the importance of education or legislative materials addressing education policy addressed only the 'substantial intrinsic merit' prong and did not demonstrate that the petitioner's specific work had a national-scope impact.…
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣,以及过去经历与未来计划之间的连接。
查看完整裁决理由 +
The AAO found that the reference letters addressed only the petitioner's local effectiveness and personal qualities without demonstrating national-level influence. General arguments about the importance of education or legislative materials addressing education policy addressed only the 'substantial intrinsic merit' prong and did not demonstrate that the petitioner's specific work had a national-scope impact. NYSDOT itself cited individual school teachers as an example of a profession where individual workers do not produce nationally scoped benefits.
Beneficiary meets educational requirements of labor certification
证据为何得到认可
Upon de novo review, the AAO found that the beneficiary may be deemed to possess a Master's degree in a related major field of study as required by the ETA Form 9089.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
Upon de novo review, the AAO found that the beneficiary may be deemed to possess a Master's degree in a related major field of study as required by the ETA Form 9089.
national interest substantially greater than U.S. worker
AAO 为什么未被说服
The AAO found that the petitioner failed to establish influence on the field as a whole. The witness letters were uncorroborated, potentially co-authored (sharing idiosyncratic language and formatting), and established only internal influence within his employers. The petitioner's bare assertions and counsel's unsupported claims did not constitute evidence. Self-employment provides no special exemption.…
为什么值得参考
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。
查看完整裁决理由 +
The AAO found that the petitioner failed to establish influence on the field as a whole. The witness letters were uncorroborated, potentially co-authored (sharing idiosyncratic language and formatting), and established only internal influence within his employers. The petitioner's bare assertions and counsel's unsupported claims did not constitute evidence. Self-employment provides no special exemption. A claimed professional shortage does not ground the waiver.
AAO found wages paid were below the proffered wage in 2012 and 2013, net current assets were negative, and although 2012 net income exceeded one proffered wage, the petitioner failed to produce the proffered-wage and salary data for its other sponsored beneficiaries despite a specific RFE. Sonegawa totality factors did not save the petition.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO found wages paid were below the proffered wage in 2012 and 2013, net current assets were negative, and although 2012 net income exceeded one proffered wage, the petitioner failed to produce the proffered-wage and salary data for its other sponsored beneficiaries despite a specific RFE. Sonegawa totality factors did not save the petition.