AAO disagreed with the director and found the criterion not met. The record contained only a single article, a brief response to a letter to the editor (which is not a scholarly article), and conference presentations without evidence of publication in professional or major trade journals. The regulation requires scholarly articles in the plural.
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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AAO disagreed with the director and found the criterion not met. The record contained only a single article, a brief response to a letter to the editor (which is not a scholarly article), and conference presentations without evidence of publication in professional or major trade journals. The regulation requires scholarly articles in the plural.
AAO affirmed the director's conclusion but on its own reasoning: performing routine employment-based performance reviews does not constitute serving 'as a judge of the work of others' in a formal judging capacity as required by the plain language of the 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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AAO affirmed the director's conclusion but on its own reasoning: performing routine employment-based performance reviews does not constitute serving 'as a judge of the work of others' in a formal judging capacity as required by the plain language of the criterion.
AAO found counsel's claims that the director ignored certain evidence were unfounded. Additionally, the 114-citation count postdated the petition filing date and could not be relied upon. Even if the meta-study were a contribution of major significance, the regulation requires contributions in the plural, which the record did not establish.
为什么值得参考
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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AAO found counsel's claims that the director ignored certain evidence were unfounded. Additionally, the 114-citation count postdated the petition filing date and could not be relied upon. Even if the meta-study were a contribution of major significance, the regulation requires contributions in the plural, which the record did not establish.
published material in professional or major trade publications or other major media
AAO 为什么未被说服
Most articles lacked the required title, date, and author information. With two exceptions (one lacking a certified translation), the articles were not primarily about the petitioner but about the petitioner's band or events. The petitioner also failed to demonstrate that the publications constituted major media, as the ranking webpage reflected website visit frequency rather than circulation numbers.
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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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Most articles lacked the required title, date, and author information. With two exceptions (one lacking a certified translation), the articles were not primarily about the petitioner but about the petitioner's band or events. The petitioner also failed to demonstrate that the publications constituted major media, as the ranking webpage reflected website visit frequency rather than circulation numbers.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
The translation was again submitted without a certification of translator competence, failing 8 C.F.R. § 103.2(b)(3). Even setting aside the certification defect, the evidence only established the award is highly regarded within the context of its genre/competition, without sufficient documentation that the award itself is nationally or internationally recognized.
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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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The translation was again submitted without a certification of translator competence, failing 8 C.F.R. § 103.2(b)(3). Even setting aside the certification defect, the evidence only established the award is highly regarded within the context of its genre/competition, without sufficient documentation that the award itself is nationally or internationally recognized.
national interest substantially greater than U.S. worker
AAO 为什么未被说服
AAO found that counsel's unsupported assertions about inability to obtain labor certification were rejected, including by reference to ETA Form 9089. Witness letters contained vague, speculative, and template-based assertions about potential future impact rather than demonstrated present impact. Only two to five truly independent citations existed in the record.…
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 that counsel's unsupported assertions about inability to obtain labor certification were rejected, including by reference to ETA Form 9089. Witness letters contained vague, speculative, and template-based assertions about potential future impact rather than demonstrated present impact. Only two to five truly independent citations existed in the record. The petitioner failed to show her past record justifies projections of future benefit to the national interest to a substantially greater degree than an available U.S. worker.
beneficiary qualifications per labor certification
AAO 为什么未被说服
The labor certification required a bachelor's degree in computer science or related field and 60 months of progressive experience in software development. The beneficiary received his degree on December 8, 2001, but the employment letters did not establish five years of qualifying post-degree experience as a software engineer or developer by the June 14, 2009 priority date.
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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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The labor certification required a bachelor's degree in computer science or related field and 60 months of progressive experience in software development. The beneficiary received his degree on December 8, 2001, but the employment letters did not establish five years of qualifying post-degree experience as a software engineer or developer by the June 14, 2009 priority date.
The beneficiary's W-2 wages fell short of the proffered wage in 2009, 2010, and 2011. The petitioner's 2009 net income was -$5,484,245 and net current assets were -$2,023,240. Cafeteria plan benefits do not augment W-2 wages. Bank statements are not qualifying evidence. Gross receipts and projected earnings cannot substitute for net income.…
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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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The beneficiary's W-2 wages fell short of the proffered wage in 2009, 2010, and 2011. The petitioner's 2009 net income was -$5,484,245 and net current assets were -$2,023,240. Cafeteria plan benefits do not augment W-2 wages. Bank statements are not qualifying evidence. Gross receipts and projected earnings cannot substitute for net income. The petitioner also had multiple pending I-140 petitions and failed to demonstrate ability to pay aggregate proffered wages.
AAO found 2010 net income sufficient but 2011 net income ($37,233) and net current assets ($60,589) were both well below the proffered wage of $110,510.40; total 2011 revenue ($89,999) did not even cover the wage. The assets of a related company could not be considered because corporations are separate legal entities.…
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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 found 2010 net income sufficient but 2011 net income ($37,233) and net current assets ($60,589) were both well below the proffered wage of $110,510.40; total 2011 revenue ($89,999) did not even cover the wage. The assets of a related company could not be considered because corporations are separate legal entities. Wages paid to another employee could not be used because there was no evidence the beneficiary would replace that worker, those wages were already paid, and even if considered they would be insufficient given 2011 total revenue was less than the proffered wage. The totality-of-circumstances Sonegawa analysis did not favor the petitioner.
six years of qualifying work experience per labor certification
AAO 为什么未被说服
The AAO found employment letters either failed to describe job duties, failed to specify full-time employment, came from co-workers rather than employers, conflicted with the Form ETA 750, or covered periods after the priority date, leaving insufficient evidence of six years of qualifying experience.
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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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The AAO found employment letters either failed to describe job duties, failed to specify full-time employment, came from co-workers rather than employers, conflicted with the Form ETA 750, or covered periods after the priority date, leaving insufficient evidence of six years of qualifying experience.