Because the petitioner failed to demonstrate ability to pay across multiple sponsored beneficiaries from the priority date onward, the job offer was not shown to be realistic.
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Because the petitioner failed to demonstrate ability to pay across multiple sponsored beneficiaries from the priority date onward, the job offer was not shown to be realistic.
Petitioner submitted only 2004 and 2005 tax returns and 2006 quarterly Form 941 records; no 2007 or later financial information was provided, and no information was supplied regarding other sponsored beneficiaries despite filing 158 petitions.
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Petitioner submitted only 2004 and 2005 tax returns and 2006 quarterly Form 941 records; no 2007 or later financial information was provided, and no information was supplied regarding other sponsored beneficiaries despite filing 158 petitions.
Beneficiary possessed required advanced degree as of priority date
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AAO found the record showed only graduate coursework with no indication a Master's degree had been conferred by the July 30, 2007 priority date; documents from a later petition show the Master's was awarded on August 7, 2009.
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AAO found the record showed only graduate coursework with no indication a Master's degree had been conferred by the July 30, 2007 priority date; documents from a later petition show the Master's was awarded on August 7, 2009.
The ETA Form 9089 plainly lists 'none' as the minimum education required. USCIS must examine and apply the plain language of the certified labor certification and cannot consider the petitioner's claim that the selection was a mistake. No provision permits amending the petition on appeal to correct the deficiency.
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The ETA Form 9089 plainly lists 'none' as the minimum education required. USCIS must examine and apply the plain language of the certified labor certification and cannot consider the petitioner's claim that the selection was a mistake. No provision permits amending the petition on appeal to correct the deficiency.
As a conductor, the petitioner performs rather than displays his work. Accepting that a performance artist's performances meet the display criterion would render the requirement to meet three criteria meaningless by collapsing it into the leading/critical role criterion.
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As a conductor, the petitioner performs rather than displays his work. Accepting that a performance artist's performances meet the display criterion would render the requirement to meet three criteria meaningless by collapsing it into the leading/critical role criterion.
The letter about the selection committee failed to establish that selecting applicants equates to judging the work of others. The invitation letter for auditions showed only an invitation, not actual participation as a judge, and failed to establish the role involved judging or was in the same or allied field.
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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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The letter about the selection committee failed to establish that selecting applicants equates to judging the work of others. The invitation letter for auditions showed only an invitation, not actual participation as a judge, and failed to establish the role involved judging or was in the same or allied field.
Selling out 12 shows at a single local theater with approximately 1,600 seats is not indicative of commercial successes designed for a large market. The size and reputation of the venue are important and the petitioner failed to establish these performances reflect commercial success.
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Selling out 12 shows at a single local theater with approximately 1,600 seats is not indicative of commercial successes designed for a large market. The size and reputation of the venue are important and the petitioner failed to establish these performances reflect commercial success.
The totality of evidence does not show sustained national or international acclaim at the very top of the field. The petitioner's single award, limited judging experience with students and amateurs, single association membership, one qualifying article, salary below the field average, and performances at a local theater collectively fall short of the extraordinary ability standard.
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The totality of evidence does not show sustained national or international acclaim at the very top of the field. The petitioner's single award, limited judging experience with students and amateurs, single association membership, one qualifying article, salary below the field average, and performances at a local theater collectively fall short of the extraordinary ability standard.
The petitioner failed to submit primary evidence of salary and the comparison was based on a limited and selectively low sample. Bureau of Labor Statistics data shows the petitioner's salary is below average for music directors and composers in the United States.
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The petitioner failed to submit primary evidence of salary and the comparison was based on a limited and selectively low sample. Bureau of Labor Statistics data shows the petitioner's salary is below average for music directors and composers in the United States.
The AAO withdrew the director's finding because the regulation requires plural 'prizes or awards' and the petitioner only demonstrated one qualifying nationally recognized award. The masterclass award lacked primary evidence and unsworn letters are not affidavits. The finalist diploma was not a prize or award for excellence and the first-ever competition lacked demonstrated international recognition.
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The AAO withdrew the director's finding because the regulation requires plural 'prizes or awards' and the petitioner only demonstrated one qualifying nationally recognized award. The masterclass award lacked primary evidence and unsworn letters are not affidavits. The finalist diploma was not a prize or award for excellence and the first-ever competition lacked demonstrated international recognition.