The petitioner's field is not the performing arts, so this criterion does not apply on its face. The petitioner did not establish grounds for applying the comparable evidence provision at 8 C.F.R. § 204.5(h)(4), and even if she had, letters attesting to undocumented revenue amounts are not comparable to objective box-office or sales records.
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 +
The petitioner's field is not the performing arts, so this criterion does not apply on its face. The petitioner did not establish grounds for applying the comparable evidence provision at 8 C.F.R. § 204.5(h)(4), and even if she had, letters attesting to undocumented revenue amounts are not comparable to objective box-office or sales records.
The petitioner did not show the RSS implementation was an original contribution (counsel conceded she did not invent RSS), did not submit documentary evidence that the field was not already using the technology, and the letters were conclusory or contained near-identical language suggesting they were not authored independently.…
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。
查看完整裁决理由 +
The petitioner did not show the RSS implementation was an original contribution (counsel conceded she did not invent RSS), did not submit documentary evidence that the field was not already using the technology, and the letters were conclusory or contained near-identical language suggesting they were not authored independently. Front-page articles also do not automatically constitute original contributions of major significance. Additionally, the regulation requires plural contributions and the petitioner showed at most one.
serve national interest to substantially greater degree than available U.S. worker with same minimum qualifications
AAO 为什么未被说服
AAO rejected counsel's argument that a known shortage of qualified educators for the Hispanic population makes the petitioner more influential than a similarly qualified U.S. worker, observing that labor certification is itself designed to identify and address worker shortages. AAO also gave reduced weight to witness letters with strikingly similar wording suggesting a common drafter.
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 +
AAO rejected counsel's argument that a known shortage of qualified educators for the Hispanic population makes the petitioner more influential than a similarly qualified U.S. worker, observing that labor certification is itself designed to identify and address worker shortages. AAO also gave reduced weight to witness letters with strikingly similar wording suggesting a common drafter.
The petitioner conceded during the RFE response that her articles were not scholarly and made no claim on appeal, so the issue was considered abandoned.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文,以及它在整体记录中说明什么。
查看完整裁决理由 +
The petitioner conceded during the RFE response that her articles were not scholarly and made no claim on appeal, so the issue was considered abandoned.
AAO accepted that the petitioner's occupation, addressing barriers facing immigrant and U.S.-born children of immigrants, has substantial intrinsic merit.
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
查看完整裁决理由 +
AAO accepted that the petitioner's occupation, addressing barriers facing immigrant and U.S.-born children of immigrants, has substantial intrinsic merit.
AAO found that giving conference presentations in several states did not establish national impact, that claims about the petitioner's role in a White House-related summit lacked supporting evidence, and that 'countrywide potential' is speculative and insufficient at the time of filing.
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 giving conference presentations in several states did not establish national impact, that claims about the petitioner's role in a White House-related summit lacked supporting evidence, and that 'countrywide potential' is speculative and insufficient at the time of filing.
beneficiary meets minimum experience requirements of labor certification
AAO 为什么未被说服
The RIBS Integrations letter contradicts information on the ETA 750B; the second employment letter fails to describe duties; H-1B letters are prospective only; and the beneficiary's affidavit is self-serving. Regulations require employer letters with name, address, title, and specific duty descriptions, none of which were adequately provided.
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 +
The RIBS Integrations letter contradicts information on the ETA 750B; the second employment letter fails to describe duties; H-1B letters are prospective only; and the beneficiary's affidavit is self-serving. Regulations require employer letters with name, address, title, and specific duty descriptions, none of which were adequately provided.
The petitioner paid the full proffered wage in 2004 but paid less than the full wage in 2005–2007. The predecessor's 2005 tax return was never submitted; the petitioner's 2005 tax return showed $0 in wages and income. Net income was $0 or negative for 2005–2007, and net current assets were insufficient in 2005.…
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 +
The petitioner paid the full proffered wage in 2004 but paid less than the full wage in 2005–2007. The predecessor's 2005 tax return was never submitted; the petitioner's 2005 tax return showed $0 in wages and income. Net income was $0 or negative for 2005–2007, and net current assets were insufficient in 2005. Management-fee arguments and the totality-of-circumstances argument were rejected because no supporting tax returns confirmed the fees and the petitioner showed no historical growth or reputation.