The Petitioner conceded on appeal that he lacked evidence of at least 10 years of full-time experience as a commercial pilot before the petition's filing.
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The Petitioner conceded on appeal that he lacked evidence of at least 10 years of full-time experience as a commercial pilot before the petition's filing.
Academic record (degree, diploma, certificate from institution of learning)
证据为何得到认可
AAO found the Director erred by conflating the initial evidentiary threshold with the final merits exceptional ability determination. Under the plain language of the regulation, flight academy certificates in the petitioner's area of claimed exceptional ability satisfy criterion A.
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AAO found the Director erred by conflating the initial evidentiary threshold with the final merits exceptional ability determination. Under the plain language of the regulation, flight academy certificates in the petitioner's area of claimed exceptional ability satisfy criterion A.
AAO found that the industry reports did not provide sufficient insight into the Petitioner's specific business plans or their prospective national impact. The professional and business plans used vague language and unsupported projections (e.g., hiring 16 people and generating $2 million in revenue by year five) that failed to demonstrate substantial positive economic effects at a national level.…
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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 industry reports did not provide sufficient insight into the Petitioner's specific business plans or their prospective national impact. The professional and business plans used vague language and unsupported projections (e.g., hiring 16 people and generating $2 million in revenue by year five) that failed to demonstrate substantial positive economic effects at a national level. Comparisons to Dhanasar's own teaching activities underscored that the Petitioner's training plans similarly lacked a showing of national-scale impact.
AAO agreed that while the endeavor has substantial merit in business/entrepreneurialism, the Petitioner failed to demonstrate broader national implications. The impact on her clients does not translate to national importance, her reliance on the importance of the financial auditing field and small businesses misapplies Dhanasar, and the business plan's projected revenue and job creation figures lack sufficient explanation a…
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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 endeavor has substantial merit in business/entrepreneurialism, the Petitioner failed to demonstrate broader national implications. The impact on her clients does not translate to national importance, her reliance on the importance of the financial auditing field and small businesses misapplies Dhanasar, and the business plan's projected revenue and job creation figures lack sufficient explanation and do not rise to national importance.
AAO agreed that while the Petitioner's endeavor has substantial merit, he failed to show national importance. The relevant inquiry is the specific proposed endeavor's potential prospective impact, not the overall importance of the industry.…
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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 Petitioner's endeavor has substantial merit, he failed to show national importance. The relevant inquiry is the specific proposed endeavor's potential prospective impact, not the overall importance of the industry. The Petitioner's evidence and statements about broader industry trends and claims of national-level impact were not substantiated by sufficient evidence showing his company's activities would generate broader implications or substantial positive economic effects at a national scale.
AAO found the Petitioner's evidence addressed broad national initiatives and industry trends rather than the national importance of her specific proposed endeavor of providing fitness director services through her company in Florida. The expert letter emphasized the Petitioner's personal qualifications and impact on clients, not the broader impact on the field or U.S. economy required for national importance.
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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's evidence addressed broad national initiatives and industry trends rather than the national importance of her specific proposed endeavor of providing fitness director services through her company in Florida. The expert letter emphasized the Petitioner's personal qualifications and impact on clients, not the broader impact on the field or U.S. economy required for national importance.
AAO rejected the due process arguments as factually incorrect and unsupported. Petitioner's reliance on personal experience misapplies prong 1 (which focuses on the endeavor's prospective impact), and general evidence about immigrant/entrepreneur economic contributions did not address his specific endeavor.
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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 rejected the due process arguments as factually incorrect and unsupported. Petitioner's reliance on personal experience misapplies prong 1 (which focuses on the endeavor's prospective impact), and general evidence about immigrant/entrepreneur economic contributions did not address his specific endeavor.
Commanding a high salary or other remuneration demonstrating exceptional ability
AAO 为什么未被说服
Despite being advised in an RFE to submit comparative salary evidence, the Petitioner did not provide documentation of comparable salaries or otherwise show his salary was higher than others in his field as a result of exceptional ability. The burden is on the Petitioner to support assertions with relevant, probative, and credible evidence.
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Despite being advised in an RFE to submit comparative salary evidence, the Petitioner did not provide documentation of comparable salaries or otherwise show his salary was higher than others in his field as a result of exceptional ability. The burden is on the Petitioner to support assertions with relevant, probative, and credible evidence.
Because the master's degree was earned in June 2023 and the petition was filed in May 2022, the degree post-dates the filing and cannot establish eligibility, which must be demonstrated at the time of filing.
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Because the master's degree was earned in June 2023 and the petition was filed in May 2022, the degree post-dates the filing and cannot establish eligibility, which must be demonstrated at the time of filing.