license to practice or certification (8 C.F.R. § 204.5(k)(3)(ii)(C)) / comparable evidence
AAO 为什么未被说服
Petitioner did not support his assertion that his occupation is not subject to licensing requirements, did not identify which evidence should be considered comparable, and did not explain how it is comparable.
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Petitioner did not support his assertion that his occupation is not subject to licensing requirements, did not identify which evidence should be considered comparable, and did not explain how it is comparable.
AAO found the Director misread the income tax records, confusing the tax paid amount with the actual salary. The Petitioner's true remuneration of RMB 1,958,142 was well above comparator wage ranges, satisfying the high salary criterion.
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AAO found the Director misread the income tax records, confusing the tax paid amount with the actual salary. The Petitioner's true remuneration of RMB 1,958,142 was well above comparator wage ranges, satisfying the high salary criterion.
Because the Petitioner satisfied three criteria through other evidence, AAO expressly reserved the awards criterion as unnecessary to the ultimate decision, citing INS v. Bagamasbad.
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Because the Petitioner satisfied three criteria through other evidence, AAO expressly reserved the awards criterion as unnecessary to the ultimate decision, citing INS v. Bagamasbad.
leading or critical role for distinguished organizations or establishments
AAO 为什么未被说服
AAO found the Director improperly dismissed the evidence by categorically excluding self-employed, temporary, or contractual workers from the criterion without legal authority or guidance, remanding for proper analysis.
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AAO found the Director improperly dismissed the evidence by categorically excluding self-employed, temporary, or contractual workers from the criterion without legal authority or guidance, remanding for proper analysis.
lead or critical role for organizations or establishments with distinguished reputations
裁决如何说明
AAO declined to address this criterion because the Petitioner made only a passing reference on appeal without providing legal support or identifying any factual or legal errors.
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AAO declined to address this criterion because the Petitioner made only a passing reference on appeal without providing legal support or identifying any factual or legal errors.
AAO withdrew the Director's categorical exclusion because the Petitioner's video sketches involve acting, a performing art. However, AAO still found the criterion not met because no documentation of actual revenues from advertising, sponsorships, or monetization was provided—only an unreliable third-party estimate with a prominent disclaimer. Potential future earnings cannot establish current eligibility.
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AAO withdrew the Director's categorical exclusion because the Petitioner's video sketches involve acting, a performing art. However, AAO still found the criterion not met because no documentation of actual revenues from advertising, sponsorships, or monetization was provided—only an unreliable third-party estimate with a prominent disclaimer. Potential future earnings cannot establish current eligibility.
AAO found the Petitioner's Ph.D. and postdoctoral work to be positive factors, but concluded that his citation record did not sufficiently demonstrate progress toward the proposed endeavor because he was not the principal investigator on key works.…
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AAO found the Petitioner's Ph.D. and postdoctoral work to be positive factors, but concluded that his citation record did not sufficiently demonstrate progress toward the proposed endeavor because he was not the principal investigator on key works. The record lacked evidence of the Petitioner obtaining his own funding, having a concrete plan for future activities, or attracting independent interest or investment in his own proposed endeavor. Participation in funded research by others was insufficient to show the kind of support seen in Dhanasar.
AAO found that the Petitioner's change in plan from a post-doctoral fellowship to an unspecified research position, lack of evidence of interest from prospective institutions, the NSF grant being tied to his current institution rather than portable, and only four citations for his magnetic motor work were collectively insufficient to demonstrate he was well-positioned to advance his proposed endeavor.
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。
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AAO found that the Petitioner's change in plan from a post-doctoral fellowship to an unspecified research position, lack of evidence of interest from prospective institutions, the NSF grant being tied to his current institution rather than portable, and only four citations for his magnetic motor work were collectively insufficient to demonstrate he was well-positioned to advance his proposed endeavor.