AAO found the projected impact speculative and unsupported by specific job-creation forecasts tied to the Petitioner's endeavor. The consulting work would not extend beyond the Petitioner's clientele to impact the consulting or accounting industries broadly.…
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”。
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AAO found the projected impact speculative and unsupported by specific job-creation forecasts tied to the Petitioner's endeavor. The consulting work would not extend beyond the Petitioner's clientele to impact the consulting or accounting industries broadly. The business plan's projected 11 employees and associated tax revenue were not shown to be significant in Florida, Texas, or nationally, and the expert opinion did not provide a specific analysis of that significance.
AAO agreed that while the oil and gas industry is nationally important, the Petitioner failed to show that his specific work as a project manager would have implications beyond the single company for which he intends to work, did not demonstrate original innovations with broader field-wide implications, and did not show significant potential to employ U.S. workers or other substantial positive economic effects.…
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”。
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AAO agreed that while the oil and gas industry is nationally important, the Petitioner failed to show that his specific work as a project manager would have implications beyond the single company for which he intends to work, did not demonstrate original innovations with broader field-wide implications, and did not show significant potential to employ U.S. workers or other substantial positive economic effects. AAO also noted the Petitioner had not worked since 2013, further undermining the relevance of his experience.
The AAO reserved this criterion because a decision on it cannot change the outcome of the appeal given the Petitioner's failure to meet any of the other three contested criteria.
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 reserved this criterion because a decision on it cannot change the outcome of the appeal given the Petitioner's failure to meet any of the other three contested criteria.
The AAO found the Director failed to analyze the full scope of the proposed endeavor, including the Petitioner's intention to expand her portfolio of technologies and develop new ones, and did not meaningfully consider a significant portion of the submitted evidence. The matter is remanded for proper analysis.
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”。
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The AAO found the Director failed to analyze the full scope of the proposed endeavor, including the Petitioner's intention to expand her portfolio of technologies and develop new ones, and did not meaningfully consider a significant portion of the submitted evidence. The matter is remanded for proper analysis.
The AAO found the Director's decision contained no separate section analyzing prong two, rendering the basis for the denial unclear and preventing meaningful appellate review. The matter is remanded for a proper analysis.
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣，以及过去经历与未来计划之间的连接。
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The AAO found the Director's decision contained no separate section analyzing prong two, rendering the basis for the denial unclear and preventing meaningful appellate review. The matter is remanded for a proper analysis.
on balance, beneficial to waive the job offer requirement
裁决如何说明
The AAO found the Director's prong-three determination was unsupported by analysis, failed to discuss specific evidence, and failed to address the Petitioner's arguments. The matter is remanded for proper evaluation of all Dhanasar third-prong factors.
为什么值得参考
理解除了希望自我申请之外，哪些与具体事业相关的事实会影响豁免分析。
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The AAO found the Director's prong-three determination was unsupported by analysis, failed to discuss specific evidence, and failed to address the Petitioner's arguments. The matter is remanded for proper evaluation of all Dhanasar third-prong factors.
salary or remuneration demonstrating exceptional ability
AAO 为什么未被说服
AAO agreed with the Director, finding the record lacks sufficient information to show the Petitioner commanded a salary demonstrating exceptional ability, noting ambiguity in whether the comparison document referred to monthly or annual salaries.
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。
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AAO agreed with the Director, finding the record lacks sufficient information to show the Petitioner commanded a salary demonstrating exceptional ability, noting ambiguity in whether the comparison document referred to monthly or annual salaries.