display of the alien's work at artistic exhibitions or showcases
裁决如何说明
AAO directed the director on remand to consider whether dance-sport performances at athletic competitions can satisfy a criterion that USCIS has long interpreted as limited to the visual arts.
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AAO directed the director on remand to consider whether dance-sport performances at athletic competitions can satisfy a criterion that USCIS has long interpreted as limited to the visual arts.
published material about the alien in professional or major trade publications or other major media
AAO 为什么未被说服
AAO disagreed with the director and found the criterion not met. The beneficiary's name appeared in only two items — a brief online article from an entertainment website and a blog listing — neither of which was shown to be a professional or major trade publication or major media.…
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AAO disagreed with the director and found the criterion not met. The beneficiary's name appeared in only two items — a brief online article from an entertainment website and a blog listing — neither of which was shown to be a professional or major trade publication or major media. Online film credit directories do not constitute published material about the beneficiary, and an article quoted in one letter was not actually submitted into the record.
leading or critical role for organizations or establishments with a distinguished reputation
AAO 为什么未被说服
Being one of many animators on a film project, even at a distinguished studio, does not constitute a leading or critical role for the organization as a whole. No organizational chart or hierarchy evidence was submitted. The beneficiary was one of 91 animators on one film and one of 12 on another, and the evidence did not differentiate his role from other animators or more senior positions.
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Being one of many animators on a film project, even at a distinguished studio, does not constitute a leading or critical role for the organization as a whole. No organizational chart or hierarchy evidence was submitted. The beneficiary was one of 91 animators on one film and one of 12 on another, and the evidence did not differentiate his role from other animators or more senior positions.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
The plain language of the regulation requires documentation of the alien's receipt of the awards. Working on an award-winning film is not the same as personally receiving the award. The letters acknowledge the beneficiary was not the named recipient, no primary evidence (award certificates) was submitted, and the letters did not qualify as affidavits.…
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The plain language of the regulation requires documentation of the alien's receipt of the awards. Working on an award-winning film is not the same as personally receiving the award. The letters acknowledge the beneficiary was not the named recipient, no primary evidence (award certificates) was submitted, and the letters did not qualify as affidavits. Notably, the award for the character the beneficiary worked on was given to four other individuals, including other lead animators.
Educational credentials required by labor certification
证据为何得到认可
AAO concluded that the beneficiary had the required educational credentials under the ETA Form 9089 as of the February 27, 2012 priority date, and also held the required license to practice dentistry.
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AAO concluded that the beneficiary had the required educational credentials under the ETA Form 9089 as of the February 27, 2012 priority date, and also held the required license to practice dentistry.
Continuing ability to pay proffered wage from priority date
证据为何得到认可
After considering the wages paid to the beneficiary and annual amounts of net income and net current assets, and reviewing additional evidence on motion, AAO found the petitioner demonstrated its continuing ability to pay the proffered wage from the priority date onward.
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After considering the wages paid to the beneficiary and annual amounts of net income and net current assets, and reviewing additional evidence on motion, AAO found the petitioner demonstrated its continuing ability to pay the proffered wage from the priority date onward.
After reviewing all record evidence including newly submitted materials, AAO found the petitioner established by a preponderance of the evidence that the beneficiary possessed the required qualifications by the priority date.
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After reviewing all record evidence including newly submitted materials, AAO found the petitioner established by a preponderance of the evidence that the beneficiary possessed the required qualifications by the priority date.
Because the petitioner did not contest the director's findings or offer additional arguments on appeal regarding this criterion, the AAO deemed the issue abandoned.
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Because the petitioner did not contest the director's findings or offer additional arguments on appeal regarding this criterion, the AAO deemed the issue abandoned.