serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications
AAO 为什么未被说服
AAO agrees the petitioner did not show influence on the field beyond that of comparably qualified U.S. workers. Citations were limited to pre-2003 Chinese-language work, claimed book-sale figures improperly counted executive-summary downloads, witness letters repeated petitioner's own questionable figures, and the actual approval of a labor certification and other petitions undercut the hypothetical harm argument.
为什么值得参考
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。
查看完整裁决理由 +
AAO agrees the petitioner did not show influence on the field beyond that of comparably qualified U.S. workers. Citations were limited to pre-2003 Chinese-language work, claimed book-sale figures improperly counted executive-summary downloads, witness letters repeated petitioner's own questionable figures, and the actual approval of a labor certification and other petitions undercut the hypothetical harm argument.
intent to continue work in the area of extraordinary ability
AAO 为什么未被说服
AAO agreed that competitive ballroom dancing and ballroom instruction/coaching are distinct areas of expertise and the petitioner must rely on achievements as a dancer.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO agreed that competitive ballroom dancing and ballroom instruction/coaching are distinct areas of expertise and the petitioner must rely on achievements as a dancer.
Five years of experience as a recycling manager per labor certification
AAO 为什么未被说服
AAO agreed with the director, finding that the petitioner failed to resolve inconsistencies across multiple submissions regarding the beneficiary's job title (recycling manager vs. purchasing manager vs. marketing manager), the beneficiary's extended absences from Taiwan during the claimed qualifying period, and labor ministry records showing basic-level (not managerial) compensation.…
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO agreed with the director, finding that the petitioner failed to resolve inconsistencies across multiple submissions regarding the beneficiary's job title (recycling manager vs. purchasing manager vs. marketing manager), the beneficiary's extended absences from Taiwan during the claimed qualifying period, and labor ministry records showing basic-level (not managerial) compensation. The additional sales representative experience did not meet the labor certification's specific requirements, was not listed on the ETA 750B, and the petitioner's current employment evidence post-dated the priority date.
beneficiary meets minimum education requirement on labor certification
AAO 为什么未被说服
According to AACRAO EDGE, an Indian Bachelor of Science is comparable to two to three years of U.S. university study, and an Indian Master of Science is comparable to a U.S. bachelor's degree. Thus the beneficiary's combined Indian credentials reach only the equivalent of a U.S. bachelor's degree, which falls short of the master's degree required by the labor certification.…
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
According to AACRAO EDGE, an Indian Bachelor of Science is comparable to two to three years of U.S. university study, and an Indian Master of Science is comparable to a U.S. bachelor's degree. Thus the beneficiary's combined Indian credentials reach only the equivalent of a U.S. bachelor's degree, which falls short of the master's degree required by the labor certification. The credential evaluator's methodology (assigning credits based on classroom hours) was not substantiated by peer-reviewed or other reliable evidence, and EDGE's assessment was given greater weight.
The labor certification required a master's degree or foreign educational equivalent with no alternate combination allowed. Since the beneficiary's Diplome d'Ingenieur is equivalent only to a U.S. bachelor's degree, it does not meet the foreign educational equivalent requirement of the labor certification.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The labor certification required a master's degree or foreign educational equivalent with no alternate combination allowed. Since the beneficiary's Diplome d'Ingenieur is equivalent only to a U.S. bachelor's degree, it does not meet the foreign educational equivalent requirement of the labor certification.
The letters submitted did not indicate whether the beneficiary's employment was full-time, and therefore failed to meet the plain wording of the regulation. Additionally, the petitioner acknowledged the seasonal nature of its business, and USCIS is not obligated to presume past employment to have been full-time.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The letters submitted did not indicate whether the beneficiary's employment was full-time, and therefore failed to meet the plain wording of the regulation. Additionally, the petitioner acknowledged the seasonal nature of its business, and USCIS is not obligated to presume past employment to have been full-time.
leading or critical role for distinguished organizations
裁决如何说明
Because the petitioner raised this criterion for the first time on appeal without having claimed it during initial filing or in response to the RFE, the AAO declined to consider it. Additionally, counsel failed to identify the specific organizations or establishments for which the petitioner allegedly performed in a leading or critical role.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
Because the petitioner raised this criterion for the first time on appeal without having claimed it during initial filing or in response to the RFE, the AAO declined to consider it. Additionally, counsel failed to identify the specific organizations or establishments for which the petitioner allegedly performed in a leading or critical role.
Because the petitioner did not contest the director's findings for this criterion or offer additional arguments on appeal, the AAO considered the issue abandoned.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
Because the petitioner did not contest the director's findings for this criterion or offer additional arguments on appeal, the AAO considered the issue abandoned.