AAO concluded the revocation lacked the specificity required by Estime and 8 C.F.R. § 205.2(c) because it did not address the Petitioner's NOIR rebuttal evidence or arguments, and the new translation evidence on appeal warrants further review.
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 concluded the revocation lacked the specificity required by Estime and 8 C.F.R. § 205.2(c) because it did not address the Petitioner's NOIR rebuttal evidence or arguments, and the new translation evidence on appeal warrants further review.
AAO declined to conduct a formal final merits determination because the Petitioner failed to meet at least three evidentiary criteria at step one. AAO noted in dicta that the record in the aggregate does not support sustained national or international acclaim.
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 declined to conduct a formal final merits determination because the Petitioner failed to meet at least three evidentiary criteria at step one. AAO noted in dicta that the record in the aggregate does not support sustained national or international acclaim.
AAO concluded the evidence focused on the importance of the IT industry, STEM, and entrepreneurship generally rather than the specific endeavor; the business plan projections lacked sufficient support; the RIMS II inputs were unsubstantiated; and the expert and reference letters did not adequately establish national or global implications of the specific endeavor.
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 concluded the evidence focused on the importance of the IT industry, STEM, and entrepreneurship generally rather than the specific endeavor; the business plan projections lacked sufficient support; the RIMS II inputs were unsubstantiated; and the expert and reference letters did not adequately establish national or global implications of the specific endeavor.
membership in a professional association (8 C.F.R. § 204.5(k)(3)(ii)(E))
AAO 为什么未被说服
AAO withdrew the favorable membership finding, holding that PPA does not require its members to be 'professionals' under the regulatory definition because a U.S. bachelor's degree (or foreign equivalent) is not the minimum entry requirement for the photography occupation per the Occupational Outlook Handbook.
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 favorable membership finding, holding that PPA does not require its members to be 'professionals' under the regulatory definition because a U.S. bachelor's degree (or foreign equivalent) is not the minimum entry requirement for the photography occupation per the Occupational Outlook Handbook.
AAO found the business plan's financial and staffing projections speculative and unsupported, the marketing strategy routine and undifferentiated, the expert letter conclusory and offering only generalized commentary on photography rather than analysis specific to this endeavor, and the claimed cultural/economic benefits too vague or directed at adjacent industries.…
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 business plan's financial and staffing projections speculative and unsupported, the marketing strategy routine and undifferentiated, the expert letter conclusory and offering only generalized commentary on photography rather than analysis specific to this endeavor, and the claimed cultural/economic benefits too vague or directed at adjacent industries. The endeavor's impact does not extend beyond the local market in the way Dhanasar requires.
The Petitioner's appeal brief did not offer specific arguments contesting the Director's determination on the third prong, so the AAO deemed this ground waived.
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。
查看完整裁决理由 +
The Petitioner's appeal brief did not offer specific arguments contesting the Director's determination on the third prong, so the AAO deemed this ground waived.