five years of progressive experience per labor certification
AAO 为什么未被说服
The beneficiary holds a foreign equivalent of a U.S. bachelor's degree, but the single experience letter from her prior employer failed to specifically describe her job duties in a manner sufficient to establish that they were progressive in nature, as required by 8 C.F.R. § 204.5(g)(1).
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The beneficiary holds a foreign equivalent of a U.S. bachelor's degree, but the single experience letter from her prior employer failed to specifically describe her job duties in a manner sufficient to establish that they were progressive in nature, as required by 8 C.F.R. § 204.5(g)(1).
summary dismissal for failure to specifically identify error
证据为何得到认可
AAO found the appeal met the standard for summary dismissal under 8 C.F.R. § 103.3(a)(1)(v) because the petitioner identified no specific error in the Director's decision and submitted no supporting brief or evidence.
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AAO found the appeal met the standard for summary dismissal under 8 C.F.R. § 103.3(a)(1)(v) because the petitioner identified no specific error in the Director's decision and submitted no supporting brief or evidence.
leading or critical role for organizations with distinguished reputation
AAO 为什么未被说服
The AAO withdrew the director's finding because although the beneficiary did perform a leading or critical role for the petitioner (which has a distinguished reputation), the regulation requires evidence of such roles for more than one organization or establishment with a distinguished reputation, and the petitioner failed to make that showing.
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The AAO withdrew the director's finding because although the beneficiary did perform a leading or critical role for the petitioner (which has a distinguished reputation), the regulation requires evidence of such roles for more than one organization or establishment with a distinguished reputation, and the petitioner failed to make that showing.
The AAO agreed the criterion was not met, finding that: the submitted salary data did not provide total remuneration information; DOL prevailing wage data alone does not establish 'significantly' higher pay; and the comparison to Emergency Management Specialists was inappropriate because their duties differed materially from the beneficiary's duties directing international provider relations for a medical assistance company.
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The AAO agreed the criterion was not met, finding that: the submitted salary data did not provide total remuneration information; DOL prevailing wage data alone does not establish 'significantly' higher pay; and the comparison to Emergency Management Specialists was inappropriate because their duties differed materially from the beneficiary's duties directing international provider relations for a medical assistance company.
The AAO withdrew the director's finding because although the beneficiary's contribution to the MEDEX 360m product qualifies as an original business-related contribution of major significance, the regulation's plural 'contributions' requires more than one, and the petitioner failed to demonstrate multiple qualifying contributions.
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 AAO withdrew the director's finding because although the beneficiary's contribution to the MEDEX 360m product qualifies as an original business-related contribution of major significance, the regulation's plural 'contributions' requires more than one, and the petitioner failed to demonstrate multiple qualifying contributions.
Original contributions of major significance in the field
AAO 为什么未被说服
The Grammy nomination lacked primary evidence, and even if proven, counsel did not show how a nomination impacted the field. The chart evidence showed Juanes' original version hit #1 before the remix contract was even signed. Recommendation letters praised the petitioner generally but did not specifically identify contributions of major significance to the broader field.
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 Grammy nomination lacked primary evidence, and even if proven, counsel did not show how a nomination impacted the field. The chart evidence showed Juanes' original version hit #1 before the remix contract was even signed. Recommendation letters praised the petitioner generally but did not specifically identify contributions of major significance to the broader field.
Display of work at artistic exhibitions or showcases
AAO 为什么未被说服
A disc jockey performing before an audience is performing, not displaying work in the sense of a painter or sculptor at a gallery. This criterion is limited to the visual arts, which has been upheld by federal courts. Accepting DJ performances would render this criterion meaningless.
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A disc jockey performing before an audience is performing, not displaying work in the sense of a painter or sculptor at a gallery. This criterion is limited to the visual arts, which has been upheld by federal courts. Accepting DJ performances would render this criterion meaningless.
Published material in professional or major trade publications or major media
AAO 为什么未被说服
The d-mode article merely listed the petitioner among 16 DJs in a survey without discussion of his work, lacked title and author, and had incomplete translation. The residentadvisor.net material was an interview recording answers rather than published material about the petitioner, and no independent objective evidence was submitted to show it qualifies as major media.
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The d-mode article merely listed the petitioner among 16 DJs in a survey without discussion of his work, lacked title and author, and had incomplete translation. The residentadvisor.net material was an interview recording answers rather than published material about the petitioner, and no independent objective evidence was submitted to show it qualifies as major media.
The Latin Grammy nomination was supported only by an untranslated self-asserting email, not primary evidence, and even a proven Grammy nomination is not the same as winning. A collaboration/remix contract does not constitute an award. Neither rises to the level of a major, internationally recognized award as required by the regulation.
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The Latin Grammy nomination was supported only by an untranslated self-asserting email, not primary evidence, and even a proven Grammy nomination is not the same as winning. A collaboration/remix contract does not constitute an award. Neither rises to the level of a major, internationally recognized award as required by the regulation.
Commercial successes in the performing arts shown by box office receipts or record/CD/video sales
AAO 为什么未被说服
The regulation requires evidence of commercial success in the specific form of box office receipts or sales. The petitioner submitted no documentary evidence of box office receipts or actual disk sales, only performance venue evidence and chart listings, which is insufficient.
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The regulation requires evidence of commercial success in the specific form of box office receipts or sales. The petitioner submitted no documentary evidence of box office receipts or actual disk sales, only performance venue evidence and chart listings, which is insufficient.