Counsel's statement on appeal that the beneficiary would be employed as a congregational preacher to preach at Sunday service is inconsistent with the petitioner's claim of at least 35 hours per week, casting doubt on whether the position is genuinely full-time.
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Counsel's statement on appeal that the beneficiary would be employed as a congregational preacher to preach at Sunday service is inconsistent with the petitioner's claim of at least 35 hours per week, casting doubt on whether the position is genuinely full-time.
The ETA Form 9089 job offer specifies only a Bachelor's degree in divinity and 24 months of experience as minimum requirements, which does not meet the regulatory requirement that the job itself require an advanced degree holder or the equivalent.
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The ETA Form 9089 job offer specifies only a Bachelor's degree in divinity and 24 months of experience as minimum requirements, which does not meet the regulatory requirement that the job itself require an advanced degree holder or the equivalent.
final merits determination – sustained national or international acclaim
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The AAO concurred with the director. The single dated award, lack of qualifying published material, conclusory expert letters, and absence of documented commercial success in the form of sales data collectively fail to demonstrate sustained national or international acclaim or top-of-field status.
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The AAO concurred with the director. The single dated award, lack of qualifying published material, conclusory expert letters, and absence of documented commercial success in the form of sales data collectively fail to demonstrate sustained national or international acclaim or top-of-field status.
original contributions of major significance in the field
AAO 为什么未被说服
The expert letters were largely conclusory and mirrored each other's language without specifying how the petitioner's contributions had major significance or impacted the field. Vague, solicited letters without corroborating documentary evidence are insufficient.
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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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The expert letters were largely conclusory and mirrored each other's language without specifying how the petitioner's contributions had major significance or impacted the field. Vague, solicited letters without corroborating documentary evidence are insufficient.
The petitioner did not make a claim under this criterion and on appeal did not contest the director's findings or offer additional arguments, so the AAO considered the issue abandoned.
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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 petitioner did not make a claim under this criterion and on appeal did not contest the director's findings or offer additional arguments, so the AAO considered the issue abandoned.
Job offer requires a professional holding an advanced degree
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The job requires only 24 months of experience, which does not equate to an advanced degree under 8 C.F.R. § 204.5(k)(2); the attempted reclassification to skilled worker is an impermissible material change.
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The job requires only 24 months of experience, which does not equate to an advanced degree under 8 C.F.R. § 204.5(k)(2); the attempted reclassification to skilled worker is an impermissible material change.
ETA Form 9089 requires a professional holding an advanced degree
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Because the ETA Form 9089's minimum requirement of a three-year bachelor's plus five years of experience does not equate to a master's or U.S. bachelor's plus five years' progressive experience, the labor certification does not require an advanced-degree professional and the petition cannot be approved in that classification.
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Because the ETA Form 9089's minimum requirement of a three-year bachelor's plus five years of experience does not equate to a master's or U.S. bachelor's plus five years' progressive experience, the labor certification does not require an advanced-degree professional and the petition cannot be approved in that classification.
Beneficiary holds an advanced degree or foreign equivalent
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In a footnote, the AAO observed that the beneficiary's credentials are at most equivalent to a U.S. bachelor's via a combination of education and experience, which is not a single 'foreign equivalent degree' from a college or university as required by 8 C.F.R. § 204.5(k)(2) and (k)(3)(i)(B).
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In a footnote, the AAO observed that the beneficiary's credentials are at most equivalent to a U.S. bachelor's via a combination of education and experience, which is not a single 'foreign equivalent degree' from a college or university as required by 8 C.F.R. § 204.5(k)(2) and (k)(3)(i)(B).