Degree in required field (computer science or related)
AAO 为什么未被说服
Even if the combination of credentials could be accepted as equivalent to a U.S. bachelor's degree, the beneficiary's Bachelor of Arts degree does not identify a field of study, the supplemental syllabus is undated and post-dates graduation by over 10 years, and the diploma is in business management rather than computer science or a related field.
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Even if the combination of credentials could be accepted as equivalent to a U.S. bachelor's degree, the beneficiary's Bachelor of Arts degree does not identify a field of study, the supplemental syllabus is undated and post-dates graduation by over 10 years, and the diploma is in business management rather than computer science or a related field.
The AAO agreed that net income and net current assets must be considered separately, not in combination, and that neither figure in 2008 or 2009 was sufficient to cover the wage deficit. The petitioner did not show the kind of unusual mitigating circumstances that justified approval in Sonegawa.
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The AAO agreed that net income and net current assets must be considered separately, not in combination, and that neither figure in 2008 or 2009 was sufficient to cover the wage deficit. The petitioner did not show the kind of unusual mitigating circumstances that justified approval in Sonegawa.
consistency between labor certification work address and actual employment address
证据为何得到认可
AAO found that the labor certification did in fact disclose travel to multiple job sites and that recruitment evidence corroborated this, establishing a bona fide job offer.
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AAO found that the labor certification did in fact disclose travel to multiple job sites and that recruitment evidence corroborated this, establishing a bona fide job offer.
Beneficiary meets minimum education requirement on labor certification
证据为何得到认可
AAO reviewed the full record, including newly submitted evidence, and concluded it was more likely than not that the beneficiary possessed the required qualifying degree as of the priority date.
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AAO reviewed the full record, including newly submitted evidence, and concluded it was more likely than not that the beneficiary possessed the required qualifying degree as of the priority date.
Beneficiary meets minimum requirements of offered position by priority date
AAO 为什么未被说服
The beneficiary lacks the required bachelor's degree in computer science or a related field. Additionally, conflicting employer letters undermine the experience evidence and have not been resolved by independent objective evidence.
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The beneficiary lacks the required bachelor's degree in computer science or a related field. Additionally, conflicting employer letters undermine the experience evidence and have not been resolved by independent objective evidence.
The AAO concluded after reviewing all evidence, including new evidence submitted on appeal and in response to an AAO-issued RFE, that it was more likely than not the beneficiary possessed all required education, training, and experience as of the priority date.
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The AAO concluded after reviewing all evidence, including new evidence submitted on appeal and in response to an AAO-issued RFE, that it was more likely than not the beneficiary possessed all required education, training, and experience as of the priority date.
Although the petitioner's book is original and received positive reviews, the record lacks evidence that other ethnomusicologists have built upon or cited her work. Additionally, the criterion requires contributions in the plural. CD recordings also did not show they significantly impacted or altered the field of musical performance.
为什么值得参考
区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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Although the petitioner's book is original and received positive reviews, the record lacks evidence that other ethnomusicologists have built upon or cited her work. Additionally, the criterion requires contributions in the plural. CD recordings also did not show they significantly impacted or altered the field of musical performance.
display of work at artistic exhibitions or showcases
AAO 为什么未被说服
The AAO reversed the director's grant, finding that this criterion is limited to visual arts based on longstanding interpretation upheld by federal courts. The petitioner is a performing musician, not a visual artist, and performances do not constitute artistic exhibitions or showcases under this criterion.
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The AAO reversed the director's grant, finding that this criterion is limited to visual arts based on longstanding interpretation upheld by federal courts. The petitioner is a performing musician, not a visual artist, and performances do not constitute artistic exhibitions or showcases under this criterion.
final merits determination — sustained national or international acclaim at top of field
AAO 为什么未被说服
Awards were 'lesser' and did not generate national media coverage. Book reviews do not establish national acclaim in a scholarly field. Judging experience was limited compared to peers. CD recordings have not impacted the field of musical performance as a whole. The petitioner's program directing role in one organization does not rise to the level needed.…
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Awards were 'lesser' and did not generate national media coverage. Book reviews do not establish national acclaim in a scholarly field. Judging experience was limited compared to peers. CD recordings have not impacted the field of musical performance as a whole. The petitioner's program directing role in one organization does not rise to the level needed. In the aggregate, the evidence does not show the petitioner is at the very top of any single field.
leading or critical role for organizations or establishments with distinguished reputation
AAO 为什么未被说服
The AAO reversed the director's grant, finding the criterion requires a leading or critical role for organizations in the plural. The petitioner demonstrated a critical role in only one qualifying organization. Teaching at workshops also does not satisfy the criterion because it requires a leading role for the organization as a whole, not merely a program it provides.
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The AAO reversed the director's grant, finding the criterion requires a leading or critical role for organizations in the plural. The petitioner demonstrated a critical role in only one qualifying organization. Teaching at workshops also does not satisfy the criterion because it requires a leading role for the organization as a whole, not merely a program it provides.