The Petitioner only resubmitted evidence already in the record and did not offer new evidence or claim new facts, failing to meet the requirements of a motion to reopen under 8 C.F.R. § 103.5(a)(2).
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The Petitioner only resubmitted evidence already in the record and did not offer new evidence or claim new facts, failing to meet the requirements of a motion to reopen under 8 C.F.R. § 103.5(a)(2).
Motion to Reconsider — Incorrect Application of Law or Policy
AAO 为什么未被说服
AAO rejected the full faith and credit argument because 28 U.S.C. § 1738 applies to courts, not federal administrative agencies. AAO also rejected the claim that it failed to analyze the RFE response evidence, because that evidence was late-filed and not part of the record at the time of the initial decision. The Petitioner cited no legal authority excusing late filing.
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AAO rejected the full faith and credit argument because 28 U.S.C. § 1738 applies to courts, not federal administrative agencies. AAO also rejected the claim that it failed to analyze the RFE response evidence, because that evidence was late-filed and not part of the record at the time of the initial decision. The Petitioner cited no legal authority excusing late filing.
nationally or internationally recognized awards or prizes
裁决如何说明
AAO disagreed that coaching and training are entirely different fields given the record, and found that the Director's conclusion prevented a full analysis of the evidence. The matter is remanded for re-evaluation.
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AAO disagreed that coaching and training are entirely different fields given the record, and found that the Director's conclusion prevented a full analysis of the evidence. The matter is remanded for re-evaluation.
membership in associations requiring outstanding achievements
裁决如何说明
AAO disagreed that athletic coaching and athletic training are different areas of expertise for purposes of this criterion, and remanded for re-examination of the evidence.
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AAO disagreed that athletic coaching and athletic training are different areas of expertise for purposes of this criterion, and remanded for re-examination of the evidence.
leading or critical role for a distinguished organization
裁决如何说明
AAO agreed with the Petitioner that the Director did not provide sufficient analysis of the evidence or explanation for concluding the criterion was not met, and remanded for re-evaluation.
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AAO agreed with the Petitioner that the Director did not provide sufficient analysis of the evidence or explanation for concluding the criterion was not met, and remanded for re-evaluation.
AAO agreed with the Director that the employment contract alone was insufficient to prove past earnings and that the income statement had deficiencies (no identified income source, inconsistency with contract amount). However, AAO disagreed with the Director's erroneous conclusion that the Petitioner's earnings as a coach were in a different field and could not be relied upon.
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AAO agreed with the Director that the employment contract alone was insufficient to prove past earnings and that the income statement had deficiencies (no identified income source, inconsistency with contract amount). However, AAO disagreed with the Director's erroneous conclusion that the Petitioner's earnings as a coach were in a different field and could not be relied upon.
AAO found the letters did not establish that the Petitioner personally performed judging activities. One letter described the board of coaches' functions without establishing the Petitioner was on that board; the other described general selection processes without expressly stating the Petitioner participated as a judge.
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 letters did not establish that the Petitioner personally performed judging activities. One letter described the board of coaches' functions without establishing the Petitioner was on that board; the other described general selection processes without expressly stating the Petitioner participated as a judge.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
The Petitioner did not establish that he received a prize or award as an honoree (as opposed to a nominee), and even if he had, the evidence did not show that the [REDACTED] awards are nationally or internationally recognized in the field of digital art. The New York Times article described the awards as 'self-proclaimed' and focused on their 'quirky' nature, not their prestige.
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The Petitioner did not establish that he received a prize or award as an honoree (as opposed to a nominee), and even if he had, the evidence did not show that the [REDACTED] awards are nationally or internationally recognized in the field of digital art. The New York Times article described the awards as 'self-proclaimed' and focused on their 'quirky' nature, not their prestige.
leading or critical role for organizations with distinguished reputation
AAO 为什么未被说服
While AAO agreed that past roles may be considered (disagreeing with the Director's partial reliance on the transition statement), the CEO letter did not establish that the Petitioner led a specific department or that his role was critical to the company's operations, and the evidence was insufficient to show the employer had a distinguished reputation.
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While AAO agreed that past roles may be considered (disagreeing with the Director's partial reliance on the transition statement), the CEO letter did not establish that the Petitioner led a specific department or that his role was critical to the company's operations, and the evidence was insufficient to show the employer had a distinguished reputation.
AAO reviewed the entire record and found it did not establish sustained national or international acclaim or that the Petitioner had risen to the very top of the field, though this determination was technically not required given the failure to meet the initial evidence threshold.
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AAO reviewed the entire record and found it did not establish sustained national or international acclaim or that the Petitioner had risen to the very top of the field, though this determination was technically not required given the failure to meet the initial evidence threshold.