The director found substantial merit but concluded the endeavor lacked national importance based on the wrong (withdrawn-petition) endeavor. AAO does not reach prong 1 substantively and remands for the director to reconsider on the correct record.
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The director found substantial merit but concluded the endeavor lacked national importance based on the wrong (withdrawn-petition) endeavor. AAO does not reach prong 1 substantively and remands for the director to reconsider on the correct record.
meet at least three of six evidentiary criteria for exceptional ability
AAO 为什么未被说服
AAO found the Petitioner's appeal letters failed to tie any submitted evidence to any specific criterion under 8 C.F.R. § 204.5(k)(3)(ii), and the Petitioner also failed to identify any erroneous conclusion of law or fact in the Director's decision. No criterion was demonstrated met.
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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 found the Petitioner's appeal letters failed to tie any submitted evidence to any specific criterion under 8 C.F.R. § 204.5(k)(3)(ii), and the Petitioner also failed to identify any erroneous conclusion of law or fact in the Director's decision. No criterion was demonstrated met.
AAO found substantial merit established (potential for job creation and economic benefits to rural areas) but agreed with the Director that national importance was not demonstrated. The projected $254.7 million annual economic impact is a tiny fraction of the $640 million per day generated by foreign tourism to the U.S.…
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 substantial merit established (potential for job creation and economic benefits to rural areas) but agreed with the Director that national importance was not demonstrated. The projected $254.7 million annual economic impact is a tiny fraction of the $640 million per day generated by foreign tourism to the U.S. in 2019, and the Petitioner failed to show the projects would help economically depressed areas or that his consulting services would deserve credit for all projected economic benefits.
five years progressive post-baccalaureate specialty experience as master's degree equivalent
AAO 为什么未被说服
AAO found the record did not support the Director's conclusion. The non-profit job verification letter listed ten responsibilities with no mention of accounting, and the Petitioner's clearly accounting-related experience totaled less than four years — insufficient to meet the five-year threshold for a master's degree equivalent.
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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 found the record did not support the Director's conclusion. The non-profit job verification letter listed ten responsibilities with no mention of accounting, and the Petitioner's clearly accounting-related experience totaled less than four years — insufficient to meet the five-year threshold for a master's degree equivalent.
AAO found that the submitted evidence was general background on SMEs and did not address the Petitioner's specific proposed endeavor. Benefit to individual clients supports substantial merit (already conceded) but does not establish national importance. The Petitioner's speculation based on general background information did not meet the burden of showing broader implications and 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 found that the submitted evidence was general background on SMEs and did not address the Petitioner's specific proposed endeavor. Benefit to individual clients supports substantial merit (already conceded) but does not establish national importance. The Petitioner's speculation based on general background information did not meet the burden of showing broader implications and substantial positive economic effects.