published material in professional or major trade publications or other major media
AAO 为什么未被说服
While AAO acknowledged the Director overlooked the submitted transcripts, it found the criterion still not met: the Business Life article appeared to be written by the Petitioner rather than being about him, and the television appearances lacked required dates, broadcaster identification, and evidence of major media status.
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While AAO acknowledged the Director overlooked the submitted transcripts, it found the criterion still not met: the Business Life article appeared to be written by the Petitioner rather than being about him, and the television appearances lacked required dates, broadcaster identification, and evidence of major media status.
AAO agreed the Petitioner established substantial merit but not national importance. The Petitioner's evidence focused on the IT industry broadly and his own qualifications, not on the specific broader implications of his proposed endeavor. His business plan's revenue and employment projections were unsubstantiated and insufficient to show substantial positive economic effects at a national level.
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对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO agreed the Petitioner established substantial merit but not national importance. The Petitioner's evidence focused on the IT industry broadly and his own qualifications, not on the specific broader implications of his proposed endeavor. His business plan's revenue and employment projections were unsubstantiated and insufficient to show substantial positive economic effects at a national level.
Even setting aside the criterion findings, the totality of the record does not show a degree of expertise significantly above that ordinarily encountered in the hospitality field; the letters and credentials are unpersuasive of exceptional ability.
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Even setting aside the criterion findings, the totality of the record does not show a degree of expertise significantly above that ordinarily encountered in the hospitality field; the letters and credentials are unpersuasive of exceptional ability.
salary or remuneration demonstrating exceptional ability (8 C.F.R. § 204.5(k)(3)(ii)(D))
AAO 为什么未被说服
AAO withdraws the Director's determination because the plain language requires that the salary itself demonstrate exceptional ability, and Petitioner's salary was below the median for hospitality managers; recognition by peers and association memberships are not relevant to this inquiry.
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AAO withdraws the Director's determination because the plain language requires that the salary itself demonstrate exceptional ability, and Petitioner's salary was below the median for hospitality managers; recognition by peers and association memberships are not relevant to this inquiry.
AAO agreed with the Director that the Petitioner failed to meet this criterion. For the postdoctoral fellow role, the Petitioner herself described it as a trainee/support position with no detailed corroborating letter.…
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AAO agreed with the Director that the Petitioner failed to meet this criterion. For the postdoctoral fellow role, the Petitioner herself described it as a trainee/support position with no detailed corroborating letter. For the senior research associate role, the submitted documents showed supervisory duties but lacked detailed and probative information from someone with personal knowledge of how her role was leading or critical.
AAO found that even after considering the additional evidence, the Petitioner only demonstrated an above-average salary rather than a high salary. The NIH and New Scientist data was too narrow, LCA prevailing wage data was entry-level and not useful for comparison, and the Salary.com data showed her salary was close to the average rather than the high end.
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AAO found that even after considering the additional evidence, the Petitioner only demonstrated an above-average salary rather than a high salary. The NIH and New Scientist data was too narrow, LCA prevailing wage data was entry-level and not useful for comparison, and the Salary.com data showed her salary was close to the average rather than the high end.
AAO's prior decision found the Petitioner did not establish the national importance of his proposed endeavor, and the motion to reconsider did not identify any specific error in that analysis.
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对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO's prior decision found the Petitioner did not establish the national importance of his proposed endeavor, and the motion to reconsider did not identify any specific error in that analysis.
AAO found that the anticipated job creation (68 direct and 88 indirect jobs) does not rise to the level of 'significant potential to employ U.S. workers' contemplated by Dhanasar, that the indirect job claims lack supporting detail, that the alignment with federal initiatives was unsubstantiated, that no critical gap in financial services was established, and that the accounting services described are routine without nation…
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对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO found that the anticipated job creation (68 direct and 88 indirect jobs) does not rise to the level of 'significant potential to employ U.S. workers' contemplated by Dhanasar, that the indirect job claims lack supporting detail, that the alignment with federal initiatives was unsubstantiated, that no critical gap in financial services was established, and that the accounting services described are routine without national or global implications.
Petitioner failed to identify a specific legal or policy error in the prior AAO decision; merely reiterated disagreement and introduced a new proposed endeavor not previously in the record.
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Petitioner failed to identify a specific legal or policy error in the prior AAO decision; merely reiterated disagreement and introduced a new proposed endeavor not previously in the record.