AAO found the petitioner's work was local in scope. Her benchmark test was used only in some schools in one county, and her letters from teachers, administrators, and parents showed no impact outside of local classrooms and school systems. The aggregate national effect of thousands of teachers does not confer national scope on one individual teacher's work.
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 the petitioner's work was local in scope. Her benchmark test was used only in some schools in one county, and her letters from teachers, administrators, and parents showed no impact outside of local classrooms and school systems. The aggregate national effect of thousands of teachers does not confer national scope on one individual teacher's work.
AAO acknowledged that science education has substantial intrinsic merit, conceding counsel's assertion and the existence of the NCLBA attest to this, but noted that intrinsic merit alone does not establish entitlement to the waiver.
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 acknowledged that science education has substantial intrinsic merit, conceding counsel's assertion and the existence of the NCLBA attest to this, but noted that intrinsic merit alone does not establish entitlement to the waiver.
AAO did not make an express finding on this prong, instead addressing the overall failure to meet the third prong and the inapplicability of blanket waivers.
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 did not make an express finding on this prong, instead addressing the overall failure to meet the third prong and the inapplicability of blanket waivers.
AAO rejected counsel's argument that invocation of federal legislation renders any occupation national in scope, noting that all employment-based immigrant classifications are based on Acts of Congress, and there is no basis to conclude that mention of an occupation in a particular statute exempts aliens in that occupation from the job offer requirement.
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 rejected counsel's argument that invocation of federal legislation renders any occupation national in scope, noting that all employment-based immigrant classifications are based on Acts of Congress, and there is no basis to conclude that mention of an occupation in a particular statute exempts aliens in that occupation from the job offer requirement.
AAO did not separately re-analyze prong 1 in this motion decision; the prior 2011 AAO decision had found the first two prongs met. In the current merits review, AAO focused on the third prong and the ETA-750B deficiency.
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 did not separately re-analyze prong 1 in this motion decision; the prior 2011 AAO decision had found the first two prongs met. In the current merits review, AAO focused on the third prong and the ETA-750B deficiency.