The AAO found that the petitioner's Chicago and Houston collaborators were former OUHSC colleagues and active collaborators, not evidence of wider national influence, and his participation in a multi-site trial was limited to drawing up local protocols for OUHSC with no input into procedures at other locations.
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 found that the petitioner's Chicago and Houston collaborators were former OUHSC colleagues and active collaborators, not evidence of wider national influence, and his participation in a multi-site trial was limited to drawing up local protocols for OUHSC with no input into procedures at other locations.
The AAO did not explicitly analyze the first prong, focusing its analysis on whether the petitioner has demonstrated national benefit substantially greater than a U.S. worker.
为什么值得参考
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 AAO did not explicitly analyze the first prong, focusing its analysis on whether the petitioner has demonstrated national benefit substantially greater than a U.S. worker.
The AAO found the FLC Wage data was for a generic 'editor' position that did not match the petitioner's actual job duties, was geographically limited to the LA area, and in any event documenting wages above the average is insufficient under the regulation which requires evidence of a high salary in relation to others in the field.
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The AAO found the FLC Wage data was for a generic 'editor' position that did not match the petitioner's actual job duties, was geographically limited to the LA area, and in any event documenting wages above the average is insufficient under the regulation which requires evidence of a high salary in relation to others in the field.
The AAO found that the criterion specifically requires commercial success in the performing arts shown by box office receipts or record/cassette/CD/video sales, none of which were provided. The petitioner's news reporting work does not constitute performing arts, and newspaper profits cannot be equated to the commercial success of the petitioner's articles.
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The AAO found that the criterion specifically requires commercial success in the performing arts shown by box office receipts or record/cassette/CD/video sales, none of which were provided. The petitioner's news reporting work does not constitute performing arts, and newspaper profits cannot be equated to the commercial success of the petitioner's articles.
The AAO agreed with the director that the published article credited only the co-author and made no reference to the petitioner. The AAO further found that a newspaper book excerpt does not constitute a 'display' at an 'artistic' 'exhibition' or 'showcase' as those terms are commonly understood.
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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 agreed with the director that the published article credited only the co-author and made no reference to the petitioner. The AAO further found that a newspaper book excerpt does not constitute a 'display' at an 'artistic' 'exhibition' or 'showcase' as those terms are commonly understood.
The AAO found that the evidence failed to establish the text feed service was the petitioner's original contribution, that it was truly novel (no other agencies had yet developed similar services), or that it constituted a contribution of major significance to the entire 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 AAO found that the evidence failed to establish the text feed service was the petitioner's original contribution, that it was truly novel (no other agencies had yet developed similar services), or that it constituted a contribution of major significance to the entire field. Further, the regulation requires more than one original contribution of major significance, and even if the RSS service qualified, no second contribution was shown.
leading or critical role for distinguished organization
AAO 为什么未被说服
The AAO found the petitioner performed a critical role for Splash but that Splash does not enjoy a distinguished reputation based on the evidence, which lacked industry awards or recognition independent of letters prepared for the petition.…
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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 the petitioner performed a critical role for Splash but that Splash does not enjoy a distinguished reputation based on the evidence, which lacked industry awards or recognition independent of letters prepared for the petition. Even if Splash were distinguished, the criterion requires a leading or critical role for more than one distinguished organization, and the petitioner's role at The Sun was not shown to be leading or critical.
The Form ETA 750 requires only a bachelor's degree and no experience, which does not satisfy the regulatory requirement that the job offer demonstrate the need for a professional holding an advanced degree or its equivalent. The petitioner's attempt to reclassify to a skilled worker category via a corrected I-140 on appeal is an impermissible material change.
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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 Form ETA 750 requires only a bachelor's degree and no experience, which does not satisfy the regulatory requirement that the job offer demonstrate the need for a professional holding an advanced degree or its equivalent. The petitioner's attempt to reclassify to a skilled worker category via a corrected I-140 on appeal is an impermissible material change.
AAO held that even if EDGE indicates the IEI Associate Certificate is comparable to a U.S. bachelor's degree, IEI is not an academic institution that confers an official college or university record, and the regulations require a single foreign equivalent degree, not a combination of education and certifications.
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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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AAO held that even if EDGE indicates the IEI Associate Certificate is comparable to a U.S. bachelor's degree, IEI is not an academic institution that confers an official college or university record, and the regulations require a single foreign equivalent degree, not a combination of education and certifications.
foreign equivalent degree to a U.S. baccalaureate (advanced degree professional)
AAO 为什么未被说服
The AAO held that the IEI certification, while comparable per EDGE to a U.S. bachelor's degree, is not a degree from an academic institution and therefore is not a 'foreign equivalent degree' as required by 8 C.F.R. § 204.5(k)(2).
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The AAO held that the IEI certification, while comparable per EDGE to a U.S. bachelor's degree, is not a degree from an academic institution and therefore is not a 'foreign equivalent degree' as required by 8 C.F.R. § 204.5(k)(2).