AAO found the salary offer letter was prospective ('will be') and did not satisfy the past-tense regulatory requirement that the alien 'has commanded' a high salary. Additionally, the petitioner submitted no evidence of actual prior earnings, and the offered salary was only barely at the 90th percentile, which the AAO did not consider 'high' when 10% of others in the field earn more.
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AAO found the salary offer letter was prospective ('will be') and did not satisfy the past-tense regulatory requirement that the alien 'has commanded' a high salary. Additionally, the petitioner submitted no evidence of actual prior earnings, and the offered salary was only barely at the 90th percentile, which the AAO did not consider 'high' when 10% of others in the field earn more.
None of the submitted awards qualify as nationally or internationally recognized prizes for excellence in the field. Scholarships are academic and limited to student competition; the team certificate has no external recognition; the Nepal Bidhya Bhusan Award was granted for earning a doctorate, not for professional excellence.…
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None of the submitted awards qualify as nationally or internationally recognized prizes for excellence in the field. Scholarships are academic and limited to student competition; the team certificate has no external recognition; the Nepal Bidhya Bhusan Award was granted for earning a doctorate, not for professional excellence. Additionally, the plain language of the criterion requires plural qualifying awards, which the petitioner did not provide.
Considering all evidence in the aggregate, the petitioner's awards were academic-achievement based, his publications were minimally cited, his role as consultant was not leading or critical to the organizations as a whole, and his work had not demonstrably impacted the field.…
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Considering all evidence in the aggregate, the petitioner's awards were academic-achievement based, his publications were minimally cited, his role as consultant was not leading or critical to the organizations as a whole, and his work had not demonstrably impacted the field. The evidence did not establish sustained national or international acclaim or that the petitioner ranked among the small percentage at the very top of his field.
leading or critical role for distinguished organizations
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The AAO withdrew the director's finding. There was no documentary evidence that USAID or the Government of Iraq had a distinguished reputation; the Government of Iraq's own description in the record (plagued by violence and weak IPR enforcement) undermined such a claim. The petitioner's consultant role was not shown to be leading or critical to the organizations as a whole, only to specific USAID projects.
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The AAO withdrew the director's finding. There was no documentary evidence that USAID or the Government of Iraq had a distinguished reputation; the Government of Iraq's own description in the record (plagued by violence and weak IPR enforcement) undermined such a claim. The petitioner's consultant role was not shown to be leading or critical to the organizations as a whole, only to specific USAID projects.
The draft law had not been enacted and its future impact was speculative; eligibility must be established at time of filing. Reference letters were from direct collaborators and did not show broader field impact. Minimal citation counts (two and one) did not establish major significance. The regulation requires contributions in the plural, further defeating the claim.
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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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The draft law had not been enacted and its future impact was speculative; eligibility must be established at time of filing. Reference letters were from direct collaborators and did not show broader field impact. Minimal citation counts (two and one) did not establish major significance. The regulation requires contributions in the plural, further defeating the claim.
AAO found that the letters merely reflected freelance packaging and advertisement work, with no evidence comparing the beneficiary's role to others or establishing that the organizations had a distinguished reputation. The volunteer teaching role was also outside the beneficiary's claimed area of expertise.
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AAO found that the letters merely reflected freelance packaging and advertisement work, with no evidence comparing the beneficiary's role to others or establishing that the organizations had a distinguished reputation. The volunteer teaching role was also outside the beneficiary's claimed area of expertise.
AAO found that while the beneficiary's work appeared on products and in television commercials, there was no evidence it was displayed at artistic exhibitions or showcases such as galleries or museums, as required by the plain language of the criterion.
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AAO found that while the beneficiary's work appeared on products and in television commercials, there was no evidence it was displayed at artistic exhibitions or showcases such as galleries or museums, as required by the plain language of the criterion.
AAO found this criterion inapplicable to graphic arts professionals, as it expressly applies to the performing arts. The petitioner also failed to submit evidence of box office receipts or record/cassette/CD/video sales. The criterion was raised for the first time on appeal, so the director could not have erred.
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AAO found this criterion inapplicable to graphic arts professionals, as it expressly applies to the performing arts. The petitioner also failed to submit evidence of box office receipts or record/cassette/CD/video sales. The criterion was raised for the first time on appeal, so the director could not have erred.
AAO found the petitioner failed to show the beneficiary's work impacted or influenced the field beyond her employer clients. Merely submitting work samples and a letter from an employer stating she was an 'important player' is insufficient to demonstrate contributions of major significance to the field as a whole.
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 found the petitioner failed to show the beneficiary's work impacted or influenced the field beyond her employer clients. Merely submitting work samples and a letter from an employer stating she was an 'important player' is insufficient to demonstrate contributions of major significance to the field as a whole.
AAO found that winning two lesser awards and judging three times for company/organizational contests, without evidence of broader field impact, fell far short of establishing sustained national or international acclaim at the very top of the field.
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AAO found that winning two lesser awards and judging three times for company/organizational contests, without evidence of broader field impact, fell far short of establishing sustained national or international acclaim at the very top of the field.