AAO held the petitioner is not in the performing arts as required by the plain language; even considering business success, post-filing earnings could not be considered, projections were not actual sales, and bank credits were not shown to demonstrate commercial success relative to others in the industry.
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AAO held the petitioner is not in the performing arts as required by the plain language; even considering business success, post-filing earnings could not be considered, projections were not actual sales, and bank credits were not shown to demonstrate commercial success relative to others in the industry.
The petitioner submitted no documentary evidence showing the ten regulatory categories do not readily apply to his occupation, so comparable evidence was not available. AAO further noted that EB-5 provides a separate classification for employment-creation aliens, and that the petitioner's letters and self-prepared investment summary did not establish national or international acclaim.
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The petitioner submitted no documentary evidence showing the ten regulatory categories do not readily apply to his occupation, so comparable evidence was not available. AAO further noted that EB-5 provides a separate classification for employment-creation aliens, and that the petitioner's letters and self-prepared investment summary did not establish national or international acclaim.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
Record lacked evidence of bylaws or admission rules showing the associations require outstanding achievements judged by recognized national or international experts. AAO further treated the issue as abandoned because the petitioner did not contest the director's finding on appeal.
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Record lacked evidence of bylaws or admission rules showing the associations require outstanding achievements judged by recognized national or international experts. AAO further treated the issue as abandoned because the petitioner did not contest the director's finding on appeal.
original business-related contributions of major significance
AAO 为什么未被说服
Letters were vague and from local colleagues; they did not identify original contributions or specific examples showing influence on the hotel and motel industry. The record did not show the field had significantly changed as a result of the petitioner's work.
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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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Letters were vague and from local colleagues; they did not identify original contributions or specific examples showing influence on the hotel and motel industry. The record did not show the field had significantly changed as a result of the petitioner's work.
The aggregate evidence demonstrated only local recognition; the record did not show the petitioner's achievements set him significantly above almost all others in his field at a national or international level.
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The aggregate evidence demonstrated only local recognition; the record did not show the petitioner's achievements set him significantly above almost all others in his field at a national or international level.
The Wrangler article failed to identify an author as required by the plain language of the regulation; the Kingsville Journal article post-dated the filing and could not be considered. There was no evidence that either publication qualified as major trade or major media.
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The Wrangler article failed to identify an author as required by the plain language of the regulation; the Kingsville Journal article post-dated the filing and could not be considered. There was no evidence that either publication qualified as major trade or major media.
Tax returns were unsigned, lacked W-2s, and did not separate petitioner's income from his spouse's. Local prevailing wage data was not an appropriate basis for comparing his earnings to others in the hotel and motel industry nationally.
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Tax returns were unsigned, lacked W-2s, and did not separate petitioner's income from his spouse's. Local prevailing wage data was not an appropriate basis for comparing his earnings to others in the hotel and motel industry nationally.
leading or critical role for organizations with distinguished reputation
AAO 为什么未被说服
Petitioner's earlier aviation-industry role was outside the field of intended employment. Evidence did not show his role at the franchisee or corporate level was leading or critical, nor that the organizations enjoyed a distinguished reputation.
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Petitioner's earlier aviation-industry role was outside the field of intended employment. Evidence did not show his role at the franchisee or corporate level was leading or critical, nor that the organizations enjoyed a distinguished reputation.
On the totality of the evidence, the beneficiary's accomplishments fall far short of the very-top-of-field standard and of sustained national or international acclaim.
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On the totality of the evidence, the beneficiary's accomplishments fall far short of the very-top-of-field standard and of sustained national or international acclaim.
AAO reaffirmed that the petitioner failed to demonstrate the beneficiary's original contributions of major significance, and the motion did not show legal error in that prior conclusion.
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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 that the petitioner failed to demonstrate the beneficiary's original contributions of major significance, and the motion did not show legal error in that prior conclusion.