AAO found the director incorrectly applied the extraordinary ability classification standard to an exceptional ability case; the exceptional ability criterion only requires evidence of membership in professional associations without any requirement that the association demand outstanding achievements or expert-judged membership.
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AAO found the director incorrectly applied the extraordinary ability classification standard to an exceptional ability case; the exceptional ability criterion only requires evidence of membership in professional associations without any requirement that the association demand outstanding achievements or expert-judged membership.
Labor certification job offer requires alien of exceptional ability
AAO 为什么未被说服
AAO affirmed that 8 C.F.R. § 204.5(k)(4) expressly requires the job offer portion of an individual labor certification to demonstrate that the position requires an alien of exceptional ability. The labor certification on file only required a bachelor's or master's degree and did not include exceptional ability requirements.…
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO affirmed that 8 C.F.R. § 204.5(k)(4) expressly requires the job offer portion of an individual labor certification to demonstrate that the position requires an alien of exceptional ability. The labor certification on file only required a bachelor's or master's degree and did not include exceptional ability requirements. The petitioner also abandoned the challenge to the director's factual finding by failing to contest it on appeal.
high salary or other significantly high remuneration for services
裁决如何说明
The petitioner did not claim eligibility for this criterion before the director either in the initial petition or in response to the RFE. New eligibility claims not raised before the director are not considered on appeal.
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The petitioner did not claim eligibility for this criterion before the director either in the initial petition or in response to the RFE. New eligibility claims not raised before the director are not considered on appeal.
membership in associations requiring outstanding achievements
裁决如何说明
Because the director did not address this criterion and the petitioner did not identify any factual or legal error relating to it on appeal, the AAO concluded the petitioner abandoned this claim.
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Because the director did not address this criterion and the petitioner did not identify any factual or legal error relating to it on appeal, the AAO concluded the petitioner abandoned this claim.
authorship of scholarly articles in professional or major trade publications or other major media
裁决如何说明
Although counsel pointed to material the petitioner authored or co-authored, counsel did not specifically challenge the director's adverse finding, so the petitioner abandoned this issue.
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。
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Although counsel pointed to material the petitioner authored or co-authored, counsel did not specifically challenge the director's adverse finding, so the petitioner abandoned this issue.
The record contained evidence that the petitioner was the publisher/editor of art magazines and an art critic who authored and published art-related material, meeting this criterion.
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了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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The record contained evidence that the petitioner was the publisher/editor of art magazines and an art critic who authored and published art-related material, meeting this criterion.
Upon review of all the evidence, including the new letter submitted on appeal clarifying the jury process and petitioner's role, AAO found the petitioner satisfied the plain language requirements for this criterion.
为什么值得参考
了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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Upon review of all the evidence, including the new letter submitted on appeal clarifying the jury process and petitioner's role, AAO found the petitioner satisfied the plain language requirements for this criterion.