Actual compensation to the beneficiary only covered September 2008 through May 2009, a fraction of the required period from the December 7, 2007 priority date to the present. The petitioner also failed to submit adequate tax return evidence for the full period.
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Actual compensation to the beneficiary only covered September 2008 through May 2009, a fraction of the required period from the December 7, 2007 priority date to the present. The petitioner also failed to submit adequate tax return evidence for the full period.
AAO agreed with the petitioner that the national-scope prong applies to the occupation rather than the individual alien, and that a leadership position in a consumer electronics company can have national scope. AAO withdrew the director's adverse finding on this prong.
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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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AAO agreed with the petitioner that the national-scope prong applies to the occupation rather than the individual alien, and that a leadership position in a consumer electronics company can have national scope. AAO withdrew the director's adverse finding on this prong.
serves the national interest to a substantially greater degree than a U.S. worker
AAO 为什么未被说服
AAO found the petitioner provided only vague claims and self-serving assertions about doubling or tripling sales without comparative data, no documentation of his impact on the field, and no track record as a top business executive that would support projections of future benefit as president of a consumer electronics company.…
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AAO found the petitioner provided only vague claims and self-serving assertions about doubling or tripling sales without comparative data, no documentation of his impact on the field, and no track record as a top business executive that would support projections of future benefit as president of a consumer electronics company. AAO also noted the petitioner is already the beneficiary of an approved labor-certification-based I-140 with an earlier priority date.
published material about the alien in professional or major trade publications or other major media
AAO 为什么未被说服
The submitted articles either lack required elements (author, publication name, date), are not about the petitioner (often about his brother or other fencers), lack circulation evidence showing major media, are uncertified foreign-language pieces, or relate to his competitive career rather than coaching. A press release does not qualify as published material under the criterion.
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The submitted articles either lack required elements (author, publication name, date), are not about the petitioner (often about his brother or other fencers), lack circulation evidence showing major media, are uncertified foreign-language pieces, or relate to his competitive career rather than coaching. A press release does not qualify as published material under the criterion.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
The petitioner submitted only letters attesting to his fencing-competition awards from the 1990s rather than primary evidence, and those competitive awards do not relate to coaching, the field for which classification is sought. Awards won by his students do not constitute the petitioner's own receipt of awards.…
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The petitioner submitted only letters attesting to his fencing-competition awards from the 1990s rather than primary evidence, and those competitive awards do not relate to coaching, the field for which classification is sought. Awards won by his students do not constitute the petitioner's own receipt of awards. Evidence in the record shows national coaching awards do exist (contradicting counsel's claim), but the petitioner has not received any.
Petitioner's reliance on Economic Research Institute mean-salary data for 'Fitness Trainers and Aerobics Instructors' in three localities is improper because the criterion requires high (not above-average) earnings, the geographic limitation is too narrow, and the comparison occupation is not equivalent to fencing coach. A post-filing letter of agreement is not considered.
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Petitioner's reliance on Economic Research Institute mean-salary data for 'Fitness Trainers and Aerobics Instructors' in three localities is improper because the criterion requires high (not above-average) earnings, the geographic limitation is too narrow, and the comparison occupation is not equivalent to fencing coach. A post-filing letter of agreement is not considered.
national interest substantially greater than U.S. worker with same minimum qualifications
AAO 为什么未被说服
The AAO found that the petitioner submitted no evidence—in any form—showing that his contributions have exceeded or will continue to exceed those of others in his specialty to a degree warranting a national interest waiver.
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The AAO found that the petitioner submitted no evidence—in any form—showing that his contributions have exceeded or will continue to exceed those of others in his specialty to a degree warranting a national interest waiver.
Foreign degree equivalent to U.S. master's degree or advanced degree
AAO 为什么未被说服
AAO preferred the peer-reviewed AACRAO EDGE information over the private credential evaluation, finding that the Inzinier degree is comparable only to a U.S. bachelor's degree. The evaluator's opinion was based solely on program length, not content, and failed to compare the Inzinier program (a first degree in engineering) to a U.S. master's degree (a second degree in engineering).
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AAO preferred the peer-reviewed AACRAO EDGE information over the private credential evaluation, finding that the Inzinier degree is comparable only to a U.S. bachelor's degree. The evaluator's opinion was based solely on program length, not content, and failed to compare the Inzinier program (a first degree in engineering) to a U.S. master's degree (a second degree in engineering).
serves national interest to a substantially greater degree than a U.S. worker with same minimum qualifications
AAO 为什么未被说服
An employer's racially motivated preference that makes labor certification unavailable does not serve the national interest. The petitioner has submitted nothing showing the beneficiary's services are objectively superior to those of other qualified dentists, and the patients would still have access to a qualified dentist regardless.
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An employer's racially motivated preference that makes labor certification unavailable does not serve the national interest. The petitioner has submitted nothing showing the beneficiary's services are objectively superior to those of other qualified dentists, and the patients would still have access to a qualified dentist regardless.