Possession of U.S. baccalaureate or foreign equivalent degree
AAO 为什么未被说服
AAO held that neither a three-year bachelor's degree nor a certificate separately constitutes a foreign equivalent of a U.S. baccalaureate degree, and combining multiple lesser credentials does not satisfy the requirement for a single foreign equivalent degree. The INS letter relied upon by counsel is not binding on AAO.
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AAO held that neither a three-year bachelor's degree nor a certificate separately constitutes a foreign equivalent of a U.S. baccalaureate degree, and combining multiple lesser credentials does not satisfy the requirement for a single foreign equivalent degree. The INS letter relied upon by counsel is not binding on AAO.
Because the beneficiary lacks a foreign equivalent baccalaureate degree, he fails to meet the labor certification's minimum education requirement of a master's degree (or bachelor's plus five years of experience), independently supporting denial.
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Because the beneficiary lacks a foreign equivalent baccalaureate degree, he fails to meet the labor certification's minimum education requirement of a master's degree (or bachelor's plus five years of experience), independently supporting denial.
Net income was negative in 2007 (-$234,746), making it insufficient to cover even the wage shortfall for the instant beneficiary in that year, let alone 160 additional sponsored beneficiaries. Net current assets appeared sufficient on their face but were not shown to cover all simultaneously pending beneficiaries.…
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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Net income was negative in 2007 (-$234,746), making it insufficient to cover even the wage shortfall for the instant beneficiary in that year, let alone 160 additional sponsored beneficiaries. Net current assets appeared sufficient on their face but were not shown to cover all simultaneously pending beneficiaries. Wages paid to a prior ETA 750 employee were unavailable because both employees worked for the petitioner simultaneously in 2006 and 2007.
leading or critical role for organizations or establishments with a distinguished reputation
AAO 为什么未被说服
The petitioner's roles were subordinate (student or postdoctoral fellow), with no organizational chart or evidence showing his positions were leading or critical, and postdoctoral appointments are by design training positions that do not differentiate him from other research scientists.
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The petitioner's roles were subordinate (student or postdoctoral fellow), with no organizational chart or evidence showing his positions were leading or critical, and postdoctoral appointments are by design training positions that do not differentiate him from other research scientists.
published material about the alien in professional or major trade publications or other major media
AAO 为什么未被说服
The regulation requires published material 'about the alien,' not merely about the alien's work. The review article discussed the petitioner's findings in a single paragraph among many other authors' work and cannot be said to be 'about' the petitioner.
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The regulation requires published material 'about the alien,' not merely about the alien's work. The review article discussed the petitioner's findings in a single paragraph among many other authors' work and cannot be said to be 'about' the petitioner.
final merits determination — sustained national or international acclaim at the very top of the field
AAO 为什么未被说服
A single peer review is not commensurate with top-of-field acclaim; a dozen or fewer independent citations are insufficient; original published research is a baseline expectation for academics rather than a distinguishing factor; and the petitioner's supporters' far superior credentials highlight how far below the top of the field he remains.
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A single peer review is not commensurate with top-of-field acclaim; a dozen or fewer independent citations are insufficient; original published research is a baseline expectation for academics rather than a distinguishing factor; and the petitioner's supporters' far superior credentials highlight how far below the top of the field he remains.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
The petitioner's academic awards lacked evidence of national or international recognition, eligibility was limited to students, and academic performance is not equivalent to the awards criterion for extraordinary ability classification.
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The petitioner's academic awards lacked evidence of national or international recognition, eligibility was limited to students, and academic performance is not equivalent to the awards criterion for extraordinary ability classification.
original scientific contributions of major significance
AAO 为什么未被说服
Expert letters spoke primarily to future potential rather than existing impact, did not provide specific examples of others adopting the petitioner's methods, and citation evidence showed only minimal independent citations (about 11 for one article, only 2 for another). Solicited letters carry less weight than preexisting independent evidence.
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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Expert letters spoke primarily to future potential rather than existing impact, did not provide specific examples of others adopting the petitioner's methods, and citation evidence showed only minimal independent citations (about 11 for one article, only 2 for another). Solicited letters carry less weight than preexisting independent evidence.
The petitioner documented co-authorship of five journal articles published as of the petition's filing date, constituting qualifying evidence under this criterion.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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The petitioner documented co-authorship of five journal articles published as of the petition's filing date, constituting qualifying evidence under this criterion.
The AAO agreed this evidence meets the plain language of the regulation, but noted that deficiencies related to the level and frequency of peer review would be addressed in the final merits determination.
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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The AAO agreed this evidence meets the plain language of the regulation, but noted that deficiencies related to the level and frequency of peer review would be addressed in the final merits determination.