The expert letters described skills and abilities but did not specifically identify the petitioner's impact on the industry as a whole or provide specific examples of original contributions of major significance. Vague, solicited letters are insufficient.
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。
查看完整裁决理由 +
The expert letters described skills and abilities but did not specifically identify the petitioner's impact on the industry as a whole or provide specific examples of original contributions of major significance. Vague, solicited letters are insufficient.
None of the submitted evidence demonstrated actual performance as a judge; the documents only showed selection as a juror, which is insufficient under the plain language requiring evidence of actual service.
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。
查看完整裁决理由 +
None of the submitted evidence demonstrated actual performance as a judge; the documents only showed selection as a juror, which is insufficient under the plain language requiring evidence of actual service.
AAO found the translation was defective (converting pesos to dollars), the salary scale was an extract/summary translation rather than a full translation as required, and even if accepted the basic average salary is not the proper comparator—the regulation requires comparison with the highest salaries of those performing similar work in the field.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO found the translation was defective (converting pesos to dollars), the salary scale was an extract/summary translation rather than a full translation as required, and even if accepted the basic average salary is not the proper comparator—the regulation requires comparison with the highest salaries of those performing similar work in the field.
national interest served to substantially greater degree than available U.S. worker
AAO 为什么未被说服
The AAO found that the petitioner had left multiple research positions prematurely and without explanation, failed to respond to the AAO's notice seeking evidence of continued employment, and therefore could not establish that his future work would benefit the national interest.…
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。
查看完整裁决理由 +
The AAO found that the petitioner had left multiple research positions prematurely and without explanation, failed to respond to the AAO's notice seeking evidence of continued employment, and therefore could not establish that his future work would benefit the national interest. The claim that the labor certification process would disrupt critical work was undercut by the petitioner's own unexplained departures from research posts.
The field of endeavor for which classification is sought is martial arts instruction and coaching, not competitive taekwondo. Awards won as a competitor in taekwondo tournaments do not satisfy the awards criterion for purposes of establishing extraordinary ability as an instructor or coach. The expert letter on motion likewise addresses the petitioner as a competitor, not as an instructor.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The field of endeavor for which classification is sought is martial arts instruction and coaching, not competitive taekwondo. Awards won as a competitor in taekwondo tournaments do not satisfy the awards criterion for purposes of establishing extraordinary ability as an instructor or coach. The expert letter on motion likewise addresses the petitioner as a competitor, not as an instructor.
The salary evidence submitted on motion consisted of checks dated 2010 and 2011, which post-date the petition's July 27, 2007 filing date. Eligibility must be established at the time of filing, and a petition cannot be approved based on facts arising after filing.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The salary evidence submitted on motion consisted of checks dated 2010 and 2011, which post-date the petition's July 27, 2007 filing date. Eligibility must be established at the time of filing, and a petition cannot be approved based on facts arising after filing.
salary or remuneration demonstrating exceptional ability
AAO 为什么未被说服
AAO affirmed because the income certificates did not show the income was for film direction, the petitioner provided no comparative salary baseline for Korean directors, and the witness's '2 to 10 times' claim lacked documentary support.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO affirmed because the income certificates did not show the income was for film direction, the petitioner provided no comparative salary baseline for Korean directors, and the witness's '2 to 10 times' claim lacked documentary support.
The AAO acknowledged that the petitioner's research area involves Shiga toxin-induced disease and antibiotic resistance, and did not contest that this area has substantial intrinsic merit.
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
查看完整裁决理由 +
The AAO acknowledged that the petitioner's research area involves Shiga toxin-induced disease and antibiotic resistance, and did not contest that this area has substantial intrinsic merit.
original artistic contributions of major significance in the field
AAO 为什么未被说服
Reference letters discussed artistic collaborations and skills but failed to provide specific examples of how the petitioner's work substantially impacted the industry or significantly influenced other actors. The solo show review was lukewarm at best. Unsupported assertions of counsel do not constitute evidence.
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。
查看完整裁决理由 +
Reference letters discussed artistic collaborations and skills but failed to provide specific examples of how the petitioner's work substantially impacted the industry or significantly influenced other actors. The solo show review was lukewarm at best. Unsupported assertions of counsel do not constitute evidence.