AAO withdrew the director's finding on criterion (vii), holding that it is limited to the visual arts and does not apply to performance artists such as musicians. Accepting performances as satisfying this criterion would collapse it into criterion (viii) and render the three-criteria requirement meaningless.
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AAO withdrew the director's finding on criterion (vii), holding that it is limited to the visual arts and does not apply to performance artists such as musicians. Accepting performances as satisfying this criterion would collapse it into criterion (viii) and render the three-criteria requirement meaningless.
AAO found the totality of evidence sufficient to establish sustained national or international acclaim and that the petitioner is among the small percentage at the very top of the field.
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AAO found the totality of evidence sufficient to establish sustained national or international acclaim and that the petitioner is among the small percentage at the very top of the field.
AAO consulted EDGE (AACRAO's database), which found the combined three-year bachelor's and two-year master's from India to be equivalent only to a U.S. bachelor's degree, not a master's degree. The credential evaluations submitted by the petitioner that found master's-degree equivalence all relied on combining education with work experience rather than education alone, which is impermissible under the regulatory framework.…
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AAO consulted EDGE (AACRAO's database), which found the combined three-year bachelor's and two-year master's from India to be equivalent only to a U.S. bachelor's degree, not a master's degree. The credential evaluations submitted by the petitioner that found master's-degree equivalence all relied on combining education with work experience rather than education alone, which is impermissible under the regulatory framework. A three-year bachelor's degree is not a foreign equivalent degree to a U.S. baccalaureate, and combining lesser degrees or work experience cannot substitute for a full baccalaureate-equivalent degree.
All awards (items 1–8) were received by the petitioner's company or its products, not the petitioner himself. Additionally, the petitioner failed to show the awards were nationally or internationally recognized beyond the presenting organizations.
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All awards (items 1–8) were received by the petitioner's company or its products, not the petitioner himself. Additionally, the petitioner failed to show the awards were nationally or internationally recognized beyond the presenting organizations.
leading or critical role for distinguished organizations
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The AAO withdrew the director's finding. Although the petitioner showed a leading or critical role for his own company (which has a distinguished reputation), the regulation requires such a role for distinguished 'organizations or establishments' in the plural. The petitioner also failed to show distinguished reputations for the other associations or that his role was leading or critical to them.
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The AAO withdrew the director's finding. Although the petitioner showed a leading or critical role for his own company (which has a distinguished reputation), the regulation requires such a role for distinguished 'organizations or establishments' in the plural. The petitioner also failed to show distinguished reputations for the other associations or that his role was leading or critical to them.
final merits determination — sustained national or international acclaim at top of field
AAO 为什么未被说服
Counsel challenged the director's final merits determination, but the AAO upheld it, finding the evidence of record fails to demonstrate sustained national or international acclaim at the very top of the field.
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Counsel challenged the director's final merits determination, but the AAO upheld it, finding the evidence of record fails to demonstrate sustained national or international acclaim at the very top of the field.
published material about the alien in professional or major trade publications or other major media
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The AAO withdrew the director's finding that the petitioner meets this criterion. Key submitted articles were not about the petitioner, lacked required author/date information, relied on self-promotional evidence, or failed to establish that the publications qualify as major trade publications or major media.
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The AAO withdrew the director's finding that the petitioner meets this criterion. Key submitted articles were not about the petitioner, lacked required author/date information, relied on self-promotional evidence, or failed to establish that the publications qualify as major trade publications or major media.