Beneficiary had only 9 months in the job offered with the petitioner, which is disqualified per Part J Question 21, and the labor certification does not permit qualifying experience in alternate occupations.
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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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Beneficiary had only 9 months in the job offered with the petitioner, which is disqualified per Part J Question 21, and the labor certification does not permit qualifying experience in alternate occupations.
The AAO requested additional documentation (federal tax returns or audited financial statements for 2010 and 2011, W-2/1099 statements, and information on other I-140 petitions filed by the petitioner) but received no response from the petitioner or counsel within 45 days, precluding substantive adjudication.
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The AAO requested additional documentation (federal tax returns or audited financial statements for 2010 and 2011, W-2/1099 statements, and information on other I-140 petitions filed by the petitioner) but received no response from the petitioner or counsel within 45 days, precluding substantive adjudication.
beneficiary possesses minimum education required by ETA Form 9089
AAO 为什么未被说服
The AAO's NOID found the existing record insufficient to establish a U.S. master's degree or foreign equivalent in the required fields, and the petitioner did not respond to cure the deficiency.
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The AAO's NOID found the existing record insufficient to establish a U.S. master's degree or foreign equivalent in the required fields, and the petitioner did not respond to cure the deficiency.
The AAO found that use of the petitioner's work in the Carolinas and Florida was expected given his training and employment there, and the record contained no evidence that other jurisdictions had adopted the Florida plan as a model. The work was regional rather than national in impact.
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。
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The AAO found that use of the petitioner's work in the Carolinas and Florida was expected given his training and employment there, and the record contained no evidence that other jurisdictions had adopted the Florida plan as a model. The work was regional rather than national in impact.
serves national interest to substantially greater degree than U.S. worker with same minimum qualifications
AAO 为什么未被说服
AAO found the petitioner's evidence established only her basic credentials as a dentist. Witness letters made vague, general claims of national recognition without supporting documentation. The claim that ADA membership requires extraordinary credentials was unsubstantiated. Evidence of international acclaim all post-dated the petition filing.…
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。
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AAO found the petitioner's evidence established only her basic credentials as a dentist. Witness letters made vague, general claims of national recognition without supporting documentation. The claim that ADA membership requires extraordinary credentials was unsubstantiated. Evidence of international acclaim all post-dated the petition filing. Work in shortage areas does not justify a waiver since the labor certification process itself addresses such shortages.
serve national interest to substantially greater degree than available U.S. worker
AAO 为什么未被说服
AAO agrees the petitioner did not show influence on the field as a whole. Length of service, participation certificates, generalized praise, and Montessori training (which can be specified on a labor certification) do not establish she would serve the national interest substantially more than an available U.S. worker.…
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。
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AAO agrees the petitioner did not show influence on the field as a whole. Length of service, participation certificates, generalized praise, and Montessori training (which can be specified on a labor certification) do not establish she would serve the national interest substantially more than an available U.S. worker. A worker shortage does not justify bypassing labor certification, and the [REDACTED] employer's debarment cannot supply grounds for a waiver.
license to practice the profession (8 C.F.R. § 204.5(k)(3)(ii)(C))
AAO 为什么未被说服
The license relates to sociology/social sciences, but the petitioner has not shown he seeks employment as a sociologist or that his work as an artist constitutes work in the social sciences, so the license is not relevant to the claimed area of exceptional ability.
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The license relates to sociology/social sciences, but the petitioner has not shown he seeks employment as a sociologist or that his work as an artist constitutes work in the social sciences, so the license is not relevant to the claimed area of exceptional ability.