Intent to continue work in area of expertise (8 C.F.R. § 204.5(h)(5))
AAO 为什么未被说服
The AAO agreed with the director that the petitioner had not shown intent to continue working as a field hockey player or coach. She had not competed as an athlete since the early 1990s, admitted to working as a seamstress after arriving in 1999, provided inconsistent statements about when she began coaching, and any coaching was minimal and incidental to her main source of income.
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The AAO agreed with the director that the petitioner had not shown intent to continue working as a field hockey player or coach. She had not competed as an athlete since the early 1990s, admitted to working as a seamstress after arriving in 1999, provided inconsistent statements about when she began coaching, and any coaching was minimal and incidental to her main source of income.
foreign degree equivalency to U.S. master's degree
AAO 为什么未被说服
AAO relied on EDGE to confirm the beneficiary's foreign credentials, individually or combined, are not equivalent to a U.S. MBA or any alternative listed field.
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AAO relied on EDGE to confirm the beneficiary's foreign credentials, individually or combined, are not equivalent to a U.S. MBA or any alternative listed field.
The comparable evidence provision only applies when the ten regulatory criteria do not readily apply to the beneficiary's occupation. The petitioner failed to show this prerequisite was met, and the submitted materials did not mention the beneficiary's specific achievements. The petitioner also failed to explain how the submitted documentation was comparable to any specific objective evidence required by the regulations.
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The comparable evidence provision only applies when the ten regulatory criteria do not readily apply to the beneficiary's occupation. The petitioner failed to show this prerequisite was met, and the submitted materials did not mention the beneficiary's specific achievements. The petitioner also failed to explain how the submitted documentation was comparable to any specific objective evidence required by the regulations.
Meeting at least three evidentiary criteria (8 C.F.R. § 204.5(h)(3))
AAO 为什么未被说服
The petitioner on appeal abandoned any challenge to the director's finding on the ten criteria. The AAO affirmed the director's conclusion that the petitioner failed to demonstrate the beneficiary satisfies the antecedent regulatory requirement of three types of evidence.
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The petitioner on appeal abandoned any challenge to the director's finding on the ten criteria. The AAO affirmed the director's conclusion that the petitioner failed to demonstrate the beneficiary satisfies the antecedent regulatory requirement of three types of evidence.
Beneficiary meets minimum education on labor certification
AAO 为什么未被说服
AACRAO EDGE establishes that an Indian three-year B.S. is comparable to only two to three years of U.S. university study, and that an Indian M.S. following such a degree is comparable to a U.S. bachelor's degree—not a U.S. master's degree. The private evaluations were discounted as not in accord with EDGE's peer-reviewed equivalencies.…
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AACRAO EDGE establishes that an Indian three-year B.S. is comparable to only two to three years of U.S. university study, and that an Indian M.S. following such a degree is comparable to a U.S. bachelor's degree—not a U.S. master's degree. The private evaluations were discounted as not in accord with EDGE's peer-reviewed equivalencies. The labor certification required a master's degree and did not permit an alternate combination of education and experience, so the beneficiary failed to meet the minimum education requirement.
Beneficiary meets minimum education requirement of labor certification
AAO 为什么未被说服
The labor certification required a doctorate or foreign equivalent with no alternate combination accepted. The credential evaluation opining equivalency to a D.V.M. was treated as advisory only and given less weight as not sufficiently corroborated. A single foreign equivalent degree at the required level is mandatory and combinations of lesser degrees do not suffice.
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The labor certification required a doctorate or foreign equivalent with no alternate combination accepted. The credential evaluation opining equivalency to a D.V.M. was treated as advisory only and given less weight as not sufficiently corroborated. A single foreign equivalent degree at the required level is mandatory and combinations of lesser degrees do not suffice.
Continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
Wages paid by a legally separate corporation cannot be attributed to the petitioner. No tax returns or audited financial statements were submitted despite being specifically requested. The Sonegawa totality factors did not support ability to pay given the absence of evidence of growth, outstanding reputation, or other indicators.
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Wages paid by a legally separate corporation cannot be attributed to the petitioner. No tax returns or audited financial statements were submitted despite being specifically requested. The Sonegawa totality factors did not support ability to pay given the absence of evidence of growth, outstanding reputation, or other indicators.
benefit to national interest substantially greater than an available U.S. worker
AAO 为什么未被说服
The AAO agreed with the director that the petitioner failed to show individual influence in his field. Witness letters made exaggerated claims unsupported by objective documentary evidence; the petitioner had not yet completed medical training; citation history was minimal and not shown to exceed the norm in his specialty.
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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。
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The AAO agreed with the director that the petitioner failed to show individual influence in his field. Witness letters made exaggerated claims unsupported by objective documentary evidence; the petitioner had not yet completed medical training; citation history was minimal and not shown to exceed the norm in his specialty.
The director acknowledged the intrinsic merit of the petitioner's occupation as a physician practicing internal medicine, and the AAO did not disturb that finding.
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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”。
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The director acknowledged the intrinsic merit of the petitioner's occupation as a physician practicing internal medicine, and the AAO did not disturb that finding.