Display of the alien's work at artistic exhibitions or showcases
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The criterion requires display of work at artistic exhibitions or showcases, which is limited to visual arts. The petitioner is a musician whose performances are audible and not a display in the sense of a painter or sculptor. Music performances are more relevant to the commercial successes criterion. This interpretation has been upheld by a federal district court.
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The criterion requires display of work at artistic exhibitions or showcases, which is limited to visual arts. The petitioner is a musician whose performances are audible and not a display in the sense of a painter or sculptor. Music performances are more relevant to the commercial successes criterion. This interpretation has been upheld by a federal district court.
The petitioner's Billboard chart submissions largely relate to songs he did not write or contribute to. For albums he contributed to, he contributed to only one or two songs out of ten, and failed to show that sales were primarily attributable to his contributions rather than the main artist.…
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The petitioner's Billboard chart submissions largely relate to songs he did not write or contribute to. For albums he contributed to, he contributed to only one or two songs out of ten, and failed to show that sales were primarily attributable to his contributions rather than the main artist. The petitioner failed to submit documentary evidence of sales or receipts demonstrating his specific songs and performances were indicative of commercial success.
Nominations are not equivalent to receipt of a major internationally recognized award. Awards won by other artists cannot be attributed primarily to the petitioner who contributed to only two songs. Post-filing awards cannot be considered. Wikipedia and self-promotional materials from presenting organizations lack sufficient reliability.…
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Nominations are not equivalent to receipt of a major internationally recognized award. Awards won by other artists cannot be attributed primarily to the petitioner who contributed to only two songs. Post-filing awards cannot be considered. Wikipedia and self-promotional materials from presenting organizations lack sufficient reliability. No reliable objective evidence shows any award is commensurate with a major, internationally recognized award like the Nobel Prize, Pulitzer Prize, Academy Award, or Olympic Medal.
Original contributions of major significance in the field
AAO 为什么未被说服
Expert letters merely repeat statutory language without specific evidence of major significance. Articles focus on collaborators, not the petitioner. Post-filing awards cannot be considered. Billboard charts relate to songs the petitioner did not contribute to. Background music royalties and commercial successes of collaborators are not evidence of major significance.…
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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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Expert letters merely repeat statutory language without specific evidence of major significance. Articles focus on collaborators, not the petitioner. Post-filing awards cannot be considered. Billboard charts relate to songs the petitioner did not contribute to. Background music royalties and commercial successes of collaborators are not evidence of major significance. Letters from collaborators do not establish impact beyond the petitioner's immediate circle.
Lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
Nominations are not receipt of prizes or awards. Awards credited to other performing artists cannot establish the petitioner's receipt of a nationally or internationally recognized prize. Post-filing awards cannot be considered.…
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Nominations are not receipt of prizes or awards. Awards credited to other performing artists cannot establish the petitioner's receipt of a nationally or internationally recognized prize. Post-filing awards cannot be considered. Self-promotional materials from presenting organizations are insufficient, and no objective evidence demonstrates the awards are nationally or internationally recognized beyond the presenting organizations.
Five years of qualifying experience in the job offered
证据为何得到认可
The AAO withdrew the Director's finding on experience, concluding that despite different job titles, the similarity of duties and required special skills between the beneficiary's prior roles and the offered computer analyst position demonstrated more than five years of qualifying experience by the priority date.
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The AAO withdrew the Director's finding on experience, concluding that despite different job titles, the similarity of duties and required special skills between the beneficiary's prior roles and the offered computer analyst position demonstrated more than five years of qualifying experience by the priority date.
Minimum education per labor certification (bachelor's degree in engineering, computer science, or business)
AAO 为什么未被说服
The AAO agreed that the beneficiary did not possess a foreign equivalent degree in engineering, computer science, or business from a college or university, and therefore did not satisfy the plain language of the labor certification's minimum educational requirement.
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The AAO agreed that the beneficiary did not possess a foreign equivalent degree in engineering, computer science, or business from a college or university, and therefore did not satisfy the plain language of the labor certification's minimum educational requirement.
successor-in-interest to labor certification employer
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AAO agreed that successor-in-interest status was not established because the petitioner and the labor-certification filer have different FEINs, indicating separate legal entities rather than a mere name change, and the asset transfer agreement was between two entities neither of which is shown to be the labor-certification filer.
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AAO agreed that successor-in-interest status was not established because the petitioner and the labor-certification filer have different FEINs, indicating separate legal entities rather than a mere name change, and the asset transfer agreement was between two entities neither of which is shown to be the labor-certification filer.
Continuing ability to pay proffered wage as of priority date
AAO 为什么未被说服
The AAO independently found that the petitioner failed to establish ability to pay the combined proffered wages for all pending I-140 beneficiaries. No documentation was provided as to priority dates, wages, or status of other petitions.
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The AAO independently found that the petitioner failed to establish ability to pay the combined proffered wages for all pending I-140 beneficiaries. No documentation was provided as to priority dates, wages, or status of other petitions.