The AAO found that pharmacy customarily requires a doctorate and that the petitioner did not hold a Pharm.D. at the time of filing. His M.Ed. was not in pharmacy or a closely related field, and eligibility must be established at the time of filing.
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The AAO found that pharmacy customarily requires a doctorate and that the petitioner did not hold a Pharm.D. at the time of filing. His M.Ed. was not in pharmacy or a closely related field, and eligibility must be established at the time of filing.
The AAO held that the national scope of a field or industry does not necessarily mean the work of one individual within it has national scope, citing NYSDOT.
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣，以及过去经历与未来计划之间的连接。
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The AAO held that the national scope of a field or industry does not necessarily mean the work of one individual within it has national scope, citing NYSDOT.
Job requires advanced degree or exceptional ability equivalent
AAO 为什么未被说服
The job offer on the ETA Form 9089 requires only a bachelor's degree and four years of experience, not an advanced degree or its equivalent. The petitioner cannot retroactively change the classification sought to cure the deficiency, as USCIS cannot ignore the terms of the labor certification nor can material changes be made to conform a deficient petition.
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The job offer on the ETA Form 9089 requires only a bachelor's degree and four years of experience, not an advanced degree or its equivalent. The petitioner cannot retroactively change the classification sought to cure the deficiency, as USCIS cannot ignore the terms of the labor certification nor can material changes be made to conform a deficient petition.
leading or critical role for organizations of distinguished reputation
AAO 为什么未被说服
AAO reversed the director, holding that first-place finishes already credited under criterion (i) cannot be repurposed to show a leading role under (viii), and that the plural 'organizations' requires more than one.
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AAO reversed the director, holding that first-place finishes already credited under criterion (i) cannot be repurposed to show a leading role under (viii), and that the plural 'organizations' requires more than one.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
While AAO disagreed with the director's narrow view that the IOC was the only relevant association, AAO agreed the criterion was not satisfied because the petitioner only documented one qualifying membership (Chinese delegation at the 2008 Olympics) and did not show that the National Games or CAA memberships required outstanding achievements as judged by experts. The plural 'associations' requires more than one.
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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While AAO disagreed with the director's narrow view that the IOC was the only relevant association, AAO agreed the criterion was not satisfied because the petitioner only documented one qualifying membership (Chinese delegation at the 2008 Olympics) and did not show that the National Games or CAA memberships required outstanding achievements as judged by experts. The plural 'associations' requires more than one.
coming to U.S. to continue work in area of extraordinary ability
AAO 为什么未被说服
AAO concurred with the director that petitioner's plans to pursue a doctoral degree, with only vague intentions of finding a coach and competing, did not show he was coming to the U.S. to work as an athlete.
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AAO concurred with the director that petitioner's plans to pursue a doctoral degree, with only vague intentions of finding a coach and competing, did not show he was coming to the U.S. to work as an athlete.
AAO disagreed with the director, finding that contributions of major significance need not be international, and that holding the Chinese national 800m record, being first to compete for China in the Olympic 800m, and winning consecutive Gold medals at the National Games qualified.
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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AAO disagreed with the director, finding that contributions of major significance need not be international, and that holding the Chinese national 800m record, being first to compete for China in the Olympic 800m, and winning consecutive Gold medals at the National Games qualified.