The new evidence did not establish that AAO erred in finding the endeavor lacked national importance and did not have the potential to change the outcome.
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The new evidence did not establish that AAO erred in finding the endeavor lacked national importance and did not have the potential to change the outcome.
published material in professional or major trade publications or other major media
证据为何得到认可
The AAO withdrew the Director's conclusion, finding that the submitted evidence—including the Petitioner being singled out among a few artists in a major publication—met the plain language of this criterion.
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The AAO withdrew the Director's conclusion, finding that the submitted evidence—including the Petitioner being singled out among a few artists in a major publication—met the plain language of this criterion.
ten years of full-time experience (8 C.F.R. § 204.5(k)(3)(ii)(B))
AAO 为什么未被说服
The Petitioner's claimed employment covered less than nine-and-a-half years total, some letters were unsigned and thus had diminished probative value, and the letters did not consistently confirm full-time employment. Additionally, experience as a sales representative for a health/hygiene/home products company was not shown to be in the 'occupation sought' of real estate broker and sales agent.
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The Petitioner's claimed employment covered less than nine-and-a-half years total, some letters were unsigned and thus had diminished probative value, and the letters did not consistently confirm full-time employment. Additionally, experience as a sales representative for a health/hygiene/home products company was not shown to be in the 'occupation sought' of real estate broker and sales agent.
criteria E and F (8 C.F.R. § 204.5(k)(3)(ii)(E)-(F))
裁决如何说明
The Petitioner did not assert error in the Director's conclusions regarding criteria E and F, nor did she claim to meet these criteria on appeal; AAO therefore considered the issue waived.
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The Petitioner did not assert error in the Director's conclusions regarding criteria E and F, nor did she claim to meet these criteria on appeal; AAO therefore considered the issue waived.
license to practice the profession or certification for an occupation (8 C.F.R. § 204.5(k)(3)(ii)(C))
AAO 为什么未被说服
Because the real estate broker and sales agent occupation does not require a baccalaureate degree as the minimum for entry, it does not qualify as a 'profession' under the regulation. The Petitioner's salesperson license is therefore not a license 'to practice a profession,' and she has not shown a salesperson license constitutes a 'certification' for an occupation.
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Because the real estate broker and sales agent occupation does not require a baccalaureate degree as the minimum for entry, it does not qualify as a 'profession' under the regulation. The Petitioner's salesperson license is therefore not a license 'to practice a profession,' and she has not shown a salesperson license constitutes a 'certification' for an occupation.
AAO affirmed the prior dismissal's finding that the Petitioner did not establish the first Dhanasar prong, and found the new evidence and changed proposed endeavor did not constitute new facts sufficient to reopen the prior decision.
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 affirmed the prior dismissal's finding that the Petitioner did not establish the first Dhanasar prong, and found the new evidence and changed proposed endeavor did not constitute new facts sufficient to reopen the prior decision.
AAO found the Petitioner did not show her endeavor would have an impact beyond her patients and trainees, did not demonstrate a significant impact on the nursing shortage, and the new expanded plan lacked implementation specifics and may constitute an impermissible material change.
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 Petitioner did not show her endeavor would have an impact beyond her patients and trainees, did not demonstrate a significant impact on the nursing shortage, and the new expanded plan lacked implementation specifics and may constitute an impermissible material change.