The AAO agreed that while substantial merit was established, national importance was not. Projected employment of up to 18 people, modest financial projections relative to the industry, reference letters limited to individual client impact, and general unsubstantiated claims about government initiatives all failed to show the endeavor's prospective impact on the field 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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The AAO agreed that while substantial merit was established, national importance was not. Projected employment of up to 18 people, modest financial projections relative to the industry, reference letters limited to individual client impact, and general unsubstantiated claims about government initiatives all failed to show the endeavor's prospective impact on the field at a national level.
The Petitioner's filings inconsistently identified the proposed endeavor as either a wallpaper company, a transportation company, or a Treasurer/Controller role in finance, and on appeal continued to address both without explanation, making it impossible to find the endeavor had substantial merit and national importance.
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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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The Petitioner's filings inconsistently identified the proposed endeavor as either a wallpaper company, a transportation company, or a Treasurer/Controller role in finance, and on appeal continued to address both without explanation, making it impossible to find the endeavor had substantial merit and national importance.
AAO found the Título de Tecnólogo is a two-to-three year undergraduate credential that does not constitute a bachelor's degree equivalent, and the credential evaluation improperly combined education with experience contrary to the plain language of the regulation.
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AAO found the Título de Tecnólogo is a two-to-three year undergraduate credential that does not constitute a bachelor's degree equivalent, and the credential evaluation improperly combined education with experience contrary to the plain language of the regulation.
The AAO found that the Petitioner's consulting services in medical sales and marketing lacked the prospective potential impact rising to the level of national importance — she did not show improvements to human knowledge, research outcomes, scientific advancements, or significant economic effects such as employing U.S. workers in economically depressed areas.…
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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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The AAO found that the Petitioner's consulting services in medical sales and marketing lacked the prospective potential impact rising to the level of national importance — she did not show improvements to human knowledge, research outcomes, scientific advancements, or significant economic effects such as employing U.S. workers in economically depressed areas. General assertions about the macroeconomic benefits of marketing and entrepreneurship were insufficient.
The Petitioner's appeal brief contained contradictory descriptions of the proposed endeavor — alternately describing it as a financial advisory firm, an accounting supervisor role, and a Mexico-focused business — that were irreconcilable with each other and with the submitted business plan, preventing a finding of substantial merit and national importance.
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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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The Petitioner's appeal brief contained contradictory descriptions of the proposed endeavor — alternately describing it as a financial advisory firm, an accounting supervisor role, and a Mexico-focused business — that were irreconcilable with each other and with the submitted business plan, preventing a finding of substantial merit and national importance.
AAO found the diploma represents only vocational/specialized high school-level education per AACRAO EDGE, the transcripts show only three years of coursework, and neither the diploma nor the additional MBA course establishes a U.S. bachelor's degree equivalent. Experience cannot substitute for the degree requirement.
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AAO found the diploma represents only vocational/specialized high school-level education per AACRAO EDGE, the transcripts show only three years of coursework, and neither the diploma nor the additional MBA course establishes a U.S. bachelor's degree equivalent. Experience cannot substitute for the degree requirement.
AAO found the Petitioner did not show her endeavor would have broader implications in the field, significant potential to employ U.S. workers, or other substantial positive economic effects, and concluded that the evidence submitted did not satisfy the national importance aspect of the first prong.
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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 the Petitioner did not show her endeavor would have broader implications in the field, significant potential to employ U.S. workers, or other substantial positive economic effects, and concluded that the evidence submitted did not satisfy the national importance aspect of the first prong.
AAO determined the Petitioner's CEO role at an environmental consulting company providing legal advice falls within the field of law, which requires an advanced degree, and her master's in law satisfies the regulatory definition.
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AAO determined the Petitioner's CEO role at an environmental consulting company providing legal advice falls within the field of law, which requires an advanced degree, and her master's in law satisfies the regulatory definition.
The Director concluded, and the AAO does not disturb, that the Petitioner's proposed environmental consulting endeavor has substantial merit and national importance.
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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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The Director concluded, and the AAO does not disturb, that the Petitioner's proposed environmental consulting endeavor has substantial merit and national importance.
Commanding a salary indicative of exceptional ability (criterion D)
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AAO withdrew the Director's finding. While AAO agreed with the Petitioner that the Director erred in comparing her Brazilian salary to U.S. median salary figures, AAO found the Petitioner also failed to provide evidence comparing her salary to peers in Brazil, so the criterion remained unsatisfied.
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AAO withdrew the Director's finding. While AAO agreed with the Petitioner that the Director erred in comparing her Brazilian salary to U.S. median salary figures, AAO found the Petitioner also failed to provide evidence comparing her salary to peers in Brazil, so the criterion remained unsatisfied.