While the Director correctly issued a NOIR before revoking, the NOIR improperly limited the Petitioner's response options. The USCIS Policy Manual allows a petitioner to respond to a NOIR by paying the correct fee amount or demonstrating that USCIS made an error, neither of which was offered to this Petitioner. The revocation was therefore procedurally defective.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
While the Director correctly issued a NOIR before revoking, the NOIR improperly limited the Petitioner's response options. The USCIS Policy Manual allows a petitioner to respond to a NOIR by paying the correct fee amount or demonstrating that USCIS made an error, neither of which was offered to this Petitioner. The revocation was therefore procedurally defective.
Membership in professional associations (8 C.F.R. § 204.5(k)(3)(ii)(E))
AAO 为什么未被说服
AAO withdrew the Director's favorable finding because the record does not show that membership in either organization requires a baccalaureate degree, so they are not 'professional associations' within the meaning of the regulation.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO withdrew the Director's favorable finding because the record does not show that membership in either organization requires a baccalaureate degree, so they are not 'professional associations' within the meaning of the regulation.
Recognition for achievements and significant contributions to the field (8 C.F.R. § 204.5(k)(3)(ii)(F))
AAO 为什么未被说服
The letters and awards show personal golfing achievements but do not establish significant contributions to the sport or industry. The Petitioner's LLC was organized after the petition was filed and cannot be considered, and the regulation requires both achievements and significant contributions.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The letters and awards show personal golfing achievements but do not establish significant contributions to the sport or industry. The Petitioner's LLC was organized after the petition was filed and cannot be considered, and the regulation requires both achievements and significant contributions.
Ten years of full-time experience in the occupation (8 C.F.R. § 204.5(k)(3)(ii)(B))
AAO 为什么未被说服
None of the submitted letters were from employers, and none indicated she had been employed as a golf entrepreneur. Letters describing her work with younger golfers did not show employment in a related capacity.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
None of the submitted letters were from employers, and none indicated she had been employed as a golf entrepreneur. Letters describing her work with younger golfers did not show employment in a related capacity.
Academic record of degree, diploma, certificate or similar award (8 C.F.R. § 204.5(k)(3)(ii)(A))
AAO 为什么未被说服
The WGCA and NCAA are athletic associations, not institutions of learning, and the Petitioner did not submit an official academic record from any institution of learning.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The WGCA and NCAA are athletic associations, not institutions of learning, and the Petitioner did not submit an official academic record from any institution of learning.
AAO found the Petitioner's business plan projections ($3.5 million revenue, 24 jobs over five years) insufficient to demonstrate national or regionally significant economic impact, that the Petitioner's claims were conclusory and unsupported by independent objective evidence, and that no sufficient evidentiary tie was established between the proposed consulting services and the claimed national economic results.
为什么值得参考
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”。
查看完整裁决理由 +
AAO found the Petitioner's business plan projections ($3.5 million revenue, 24 jobs over five years) insufficient to demonstrate national or regionally significant economic impact, that the Petitioner's claims were conclusory and unsupported by independent objective evidence, and that no sufficient evidentiary tie was established between the proposed consulting services and the claimed national economic results.