AAO affirmed the director's final-merits conclusion that the petitioner had not demonstrated sustained national or international acclaim or top-of-field standing.
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AAO affirmed the director's final-merits conclusion that the petitioner had not demonstrated sustained national or international acclaim or top-of-field standing.
Petitioner argued comparable evidence should apply since athletics is not artistic, but AAO held comparable evidence is not available where the regulatory criteria readily apply, and noted petitioner had submitted evidence under five other categories.
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Petitioner argued comparable evidence should apply since athletics is not artistic, but AAO held comparable evidence is not available where the regulatory criteria readily apply, and noted petitioner had submitted evidence under five other categories.
minimum educational requirement per labor certification
AAO 为什么未被说服
Since the beneficiary lacks a foreign equivalent degree to a U.S. bachelor's degree, he does not meet the minimum educational requirements specified on the Form ETA 750 for the senior programmer analyst position.
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Since the beneficiary lacks a foreign equivalent degree to a U.S. bachelor's degree, he does not meet the minimum educational requirements specified on the Form ETA 750 for the senior programmer analyst position.
AAO found that because the beneficiary lacks a qualifying baccalaureate degree or foreign equivalent, he does not meet the educational job requirement on the labor certification, which is an independent ground for denial.
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AAO found that because the beneficiary lacks a qualifying baccalaureate degree or foreign equivalent, he does not meet the educational job requirement on the labor certification, which is an independent ground for denial.
Final merits determination – sustained national or international acclaim at very top of field
证据为何得到认可
The AAO found that letters from association officials, athletes, and the U.S. Olympic Committee demonstrated the beneficiary coaches internationally competitive athletes who competed at World Championships, coached a national champion, and is recognized as having superior biathlon knowledge compared to other U.S. coaches, establishing sustained national or international acclaim at the very top of the field.
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The AAO found that letters from association officials, athletes, and the U.S. Olympic Committee demonstrated the beneficiary coaches internationally competitive athletes who competed at World Championships, coached a national champion, and is recognized as having superior biathlon knowledge compared to other U.S. coaches, establishing sustained national or international acclaim at the very top of the field.
USCIS must read and apply the plain language of the labor certification exactly as completed by the employer. The labor certification at Part H line 9 expressly states that a foreign educational equivalent is not acceptable. Because the beneficiary holds only a foreign degree, the beneficiary does not meet the stated job requirements regardless of whether the entry was made in error.
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USCIS must read and apply the plain language of the labor certification exactly as completed by the employer. The labor certification at Part H line 9 expressly states that a foreign educational equivalent is not acceptable. Because the beneficiary holds only a foreign degree, the beneficiary does not meet the stated job requirements regardless of whether the entry was made in error.