specific identification of erroneous conclusion of law or fact
AAO 为什么未被说服
The one-sentence statement and accompanying letter merely re-asserted qualification without identifying any specific error in the director's reasoning, which is insufficient under 8 C.F.R. § 103.3(a)(1)(v).
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The one-sentence statement and accompanying letter merely re-asserted qualification without identifying any specific error in the director's reasoning, which is insufficient under 8 C.F.R. § 103.3(a)(1)(v).
Job offer requires a professional holding an advanced degree
AAO 为什么未被说服
USCIS must read the plain language of the labor certification exactly as completed. Block 15's alternative requirement of two years of experience per year missing toward a bachelor's degree eliminates any meaningful educational floor, meaning the job does not require an advanced degree or its equivalent.
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USCIS must read the plain language of the labor certification exactly as completed. Block 15's alternative requirement of two years of experience per year missing toward a bachelor's degree eliminates any meaningful educational floor, meaning the job does not require an advanced degree or its equivalent.
AAO reaffirmed the prior finding, citing inconsistencies in the record (including claims about patents predating the beneficiary's employment and contradictions about who developed Edenfern™), and concluded that none of the letters or related documents establish original contributions of major significance.
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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AAO reaffirmed the prior finding, citing inconsistencies in the record (including claims about patents predating the beneficiary's employment and contradictions about who developed Edenfern™), and concluded that none of the letters or related documents establish original contributions of major significance.
AAO reaffirmed: the record lacks evidence of high salary as of the November 2008 filing date, regional wage statistics do not satisfy comparison 'in relation to others in the field,' and the pay stubs do not clarify whether earnings reflect work as scientist, president, or both.
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AAO reaffirmed: the record lacks evidence of high salary as of the November 2008 filing date, regional wage statistics do not satisfy comparison 'in relation to others in the field,' and the pay stubs do not clarify whether earnings reflect work as scientist, president, or both.
Relying on AACRAO EDGE, AAO found the Diplome d'Ingenieur is comparable only to a U.S. bachelor's degree, not a master's degree, so the beneficiary cannot qualify as an advanced degree professional.
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Relying on AACRAO EDGE, AAO found the Diplome d'Ingenieur is comparable only to a U.S. bachelor's degree, not a master's degree, so the beneficiary cannot qualify as an advanced degree professional.
judging the work of others (raised via comparable evidence claim)
裁决如何说明
AAO deemed the issue abandoned because it was raised for the first time on motion, and on the merits found petitioner did not show the ten criteria do not readily apply to horticulture and that the cited letter does not describe the beneficiary judging the work of others.
为什么值得参考
了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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AAO deemed the issue abandoned because it was raised for the first time on motion, and on the merits found petitioner did not show the ten criteria do not readily apply to horticulture and that the cited letter does not describe the beneficiary judging the work of others.
AAO declined to revisit this criterion because the petitioner did not raise any issue with the AAO's prior findings on it in the motion; prior findings remain unchanged.
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AAO declined to revisit this criterion because the petitioner did not raise any issue with the AAO's prior findings on it in the motion; prior findings remain unchanged.
display of work at artistic exhibitions or showcases
裁决如何说明
AAO found the issue abandoned because it was raised for the first time on motion. On the merits, sales/marketing material does not constitute display at artistic exhibitions or showcases, and petitioner offered no legal authority that ferns are intrinsically artistic.
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AAO found the issue abandoned because it was raised for the first time on motion. On the merits, sales/marketing material does not constitute display at artistic exhibitions or showcases, and petitioner offered no legal authority that ferns are intrinsically artistic.
membership in associations requiring outstanding achievements
裁决如何说明
AAO found the issue abandoned because petitioner did not raise it on appeal, and noted that even on the merits, board service is not membership and the certificates do not show the association requires outstanding achievements judged by experts.
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AAO found the issue abandoned because petitioner did not raise it on appeal, and noted that even on the merits, board service is not membership and the certificates do not show the association requires outstanding achievements judged by experts.