AAO declined to consider the new submissions because none was both new evidence and relevant to the facts as they existed at the November 2007 filing date.
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AAO declined to consider the new submissions because none was both new evidence and relevant to the facts as they existed at the November 2007 filing date.
The petitioner explicitly stated on appeal that she 'no longer claim[s] this criterion,' so the AAO concluded that she had abandoned the issue by failing to timely raise it on appeal.
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The petitioner explicitly stated on appeal that she 'no longer claim[s] this criterion,' so the AAO concluded that she had abandoned the issue by failing to timely raise it on appeal.
The AAO concurred with the director that the petitioner's authorship of four articles and a handbook chapter in professional or major trade publications satisfies this criterion.
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The AAO concurred with the director that the petitioner's authorship of four articles and a handbook chapter in professional or major trade publications satisfies this criterion.
Based on a review of the record, the petitioner submitted sufficient documentation demonstrating authorship of two scholarly articles in professional publications, minimally meeting this criterion.
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Based on a review of the record, the petitioner submitted sufficient documentation demonstrating authorship of two scholarly articles in professional publications, minimally meeting this criterion.
The director found witness letters insufficient to show field-wide impact. The AAO agreed, finding that the letters were vague, primarily from school colleagues, discussed skills and small-scale educational impact rather than impact on the musical field as a whole, and that mere assertions about commercial downloads were uncorroborated and in any event fell under a separate commercial success criterion.
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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The director found witness letters insufficient to show field-wide impact. The AAO agreed, finding that the letters were vague, primarily from school colleagues, discussed skills and small-scale educational impact rather than impact on the musical field as a whole, and that mere assertions about commercial downloads were uncorroborated and in any event fell under a separate commercial success criterion.
The AAO confirmed that the petitioner's 2009 net income ($6,742) and net current assets ($27,509) were both far below the proffered wage of $76,294. Reliance on gross receipts, bank statements, and anticipated future income from the beneficiary was rejected. The totality of circumstances, including multiple simultaneously pending petitions, further undermined the petitioner's ability to pay.
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The AAO confirmed that the petitioner's 2009 net income ($6,742) and net current assets ($27,509) were both far below the proffered wage of $76,294. Reliance on gross receipts, bank statements, and anticipated future income from the beneficiary was rejected. The totality of circumstances, including multiple simultaneously pending petitions, further undermined the petitioner's ability to pay.
The petitioner's 1120S returns showed net income of $47 in 2008 and -$12,261 in 2009, both far below the $68,473.60 proffered wage. Net current assets were also deeply negative. The shareholder compensation-forfeiture argument failed for lack of individual financial documentation, and bank statements were not among the enumerated acceptable evidence types.
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The petitioner's 1120S returns showed net income of $47 in 2008 and -$12,261 in 2009, both far below the $68,473.60 proffered wage. Net current assets were also deeply negative. The shareholder compensation-forfeiture argument failed for lack of individual financial documentation, and bank statements were not among the enumerated acceptable evidence types.
Five years of experience as a controller per labor certification
AAO 为什么未被说服
The employment letters contradicted each other and conflicted with both the beneficiary's ETA Form 9089 representations and her Form G-325A. The work experience descriptions were too vague to establish the required experience, and the inconsistencies were not explained by competent objective evidence.
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The employment letters contradicted each other and conflicted with both the beneficiary's ETA Form 9089 representations and her Form G-325A. The work experience descriptions were too vague to establish the required experience, and the inconsistencies were not explained by competent objective evidence.
Job offer requires a professional holding an advanced degree or equivalent
AAO 为什么未被说服
The AAO held that Kellogg language cannot be used to elevate alternative job requirements that are facially less than a bachelor's plus five years of progressive experience to the advanced degree professional level. The form lists 'other' education plus 5 years of experience as the alternative, which is below the minimum.
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The AAO held that Kellogg language cannot be used to elevate alternative job requirements that are facially less than a bachelor's plus five years of progressive experience to the advanced degree professional level. The form lists 'other' education plus 5 years of experience as the alternative, which is below the minimum.