Five years of progressive experience in the specialty following baccalaureate-equivalent degree
AAO 为什么未被说服
The beneficiary's Indian master's degree was awarded in April 2004 and the priority date was July 2007, providing fewer than five years of post-degree experience. Moreover, some work experience letters lacked sufficient description of job duties, and certain employers were not listed on the ETA Form 9089.
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The beneficiary's Indian master's degree was awarded in April 2004 and the priority date was July 2007, providing fewer than five years of post-degree experience. Moreover, some work experience letters lacked sufficient description of job duties, and certain employers were not listed on the ETA Form 9089.
lesser nationally or internationally recognized prizes or awards
证据为何得到认可
A review of the record confirms the petitioner submitted sufficient documentary evidence demonstrating receipt of lesser nationally or internationally recognized prizes or awards, and the AAO agreed with the director's finding.
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A review of the record confirms the petitioner submitted sufficient documentary evidence demonstrating receipt of lesser nationally or internationally recognized prizes or awards, and the AAO agreed with the director's finding.
Citing EDGE evaluations, the AAO found the Maitrise comparable to a U.S. bachelor's and the DESS comparable to a U.S. master's, thus meeting the labor certification requirement.
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Citing EDGE evaluations, the AAO found the Maitrise comparable to a U.S. bachelor's and the DESS comparable to a U.S. master's, thus meeting the labor certification requirement.
Beneficiary meets minimum educational requirements of labor certification
AAO 为什么未被说服
The petitioner failed to respond to the AAO's RFE requesting evidence of the beneficiary's credentials and the petitioner's actual minimum educational requirements as expressed to DOL during the labor certification process. Without the requested evidence, the AAO could not find the burden of proof met.
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The petitioner failed to respond to the AAO's RFE requesting evidence of the beneficiary's credentials and the petitioner's actual minimum educational requirements as expressed to DOL during the labor certification process. Without the requested evidence, the AAO could not find the burden of proof met.
published material about the alien in professional or major trade publications or other major media
AAO 为什么未被说服
Submitted articles referred to the petitioner as a tennis player, not as a tennis coach, and were mere brief snippets mentioning his tournament participation. Counsel's summary translations were non-compliant with the regulation requiring full certified translations.…
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Submitted articles referred to the petitioner as a tennis player, not as a tennis coach, and were mere brief snippets mentioning his tournament participation. Counsel's summary translations were non-compliant with the regulation requiring full certified translations. Counsel's unsupported assertions that El Siglo and El Aragueno are major media were not supported by documentary evidence, and online availability alone does not establish major media status.
All evidence related to prizes or awards pertained to the petitioner as a tennis competitor, not as a tennis coach (his intended field of endeavor in the U.S.). Additionally, the records showed only that the petitioner competed in matches but did not show he won tournaments or received nationally or internationally recognized prizes or awards for excellence.
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All evidence related to prizes or awards pertained to the petitioner as a tennis competitor, not as a tennis coach (his intended field of endeavor in the U.S.). Additionally, the records showed only that the petitioner competed in matches but did not show he won tournaments or received nationally or internationally recognized prizes or awards for excellence.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
USPTA membership was obtained after filing and thus could not establish eligibility at time of filing; even if timely, passing a standardized exam is not tantamount to outstanding achievements judged by national or international experts. The Davis Cup letter showed only a pre-selection for training, not actual competition, and was in any event for tennis competition rather than coaching.…
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USPTA membership was obtained after filing and thus could not establish eligibility at time of filing; even if timely, passing a standardized exam is not tantamount to outstanding achievements judged by national or international experts. The Davis Cup letter showed only a pre-selection for training, not actual competition, and was in any event for tennis competition rather than coaching. USTA and PTR website screenshots failed to show that outstanding achievements were required for membership.
leading or critical role for organizations or establishments with a distinguished reputation
AAO 为什么未被说服
The BTC letter described the petitioner as a tennis player participating in the club's annual exhibition, not as a coach, and periodic/sporadic participation at an exhibition did not constitute a leading or critical role for the organization as a whole. Counsel's claim of Google search results was unsupported.…
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The BTC letter described the petitioner as a tennis player participating in the club's annual exhibition, not as a coach, and periodic/sporadic participation at an exhibition did not constitute a leading or critical role for the organization as a whole. Counsel's claim of Google search results was unsupported. The petitioner claimed coaching of individuals, not roles for organizations or establishments as required by the criterion. Furthermore, the criterion requires roles with multiple organizations, and counsel only argued one.
AAO agreed this criterion expressly applies to the performing arts and not to the beneficiary's occupation, but found this insufficient to meet the three-of-ten requirement.
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AAO agreed this criterion expressly applies to the performing arts and not to the beneficiary's occupation, but found this insufficient to meet the three-of-ten requirement.
AAO held that comparable evidence is precluded because the petitioner itself claimed eligibility under at least five criteria and the director found one criterion met, demonstrating the standards do apply.
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AAO held that comparable evidence is precluded because the petitioner itself claimed eligibility under at least five criteria and the director found one criterion met, demonstrating the standards do apply.