AAO withdrew the Director's favorable finding on prong two, concluding that because the Petitioner had not sufficiently described his specific proposed endeavor, it was impossible to assess whether he was well-positioned to advance it. AAO noted it would not discuss additional deficiencies for the sake of brevity.
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AAO withdrew the Director's favorable finding on prong two, concluding that because the Petitioner had not sufficiently described his specific proposed endeavor, it was impossible to assess whether he was well-positioned to advance it. AAO noted it would not discuss additional deficiencies for the sake of brevity.
License to practice the profession or certification for a particular profession or occupation
AAO 为什么未被说服
AAO reversed the Director's finding, concluding that the certificates are from an online training platform and merely denote completion of short-term training courses on specific software topics, not a license or certification for a particular profession or occupation from a credentialing authority.
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AAO reversed the Director's finding, concluding that the certificates are from an online training platform and merely denote completion of short-term training courses on specific software topics, not a license or certification for a particular profession or occupation from a credentialing authority.
AAO briefly noted that the Petitioner's bachelor's degree is not a relatively uncommon credential in his field, his short-term training certificates do not indicate expertise significantly above the ordinary, ACM's large size does not indicate restrictive membership requirements, and his future-oriented software product cannot support a finding of existing exceptional ability.
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AAO briefly noted that the Petitioner's bachelor's degree is not a relatively uncommon credential in his field, his short-term training certificates do not indicate expertise significantly above the ordinary, ACM's large size does not indicate restrictive membership requirements, and his future-oriented software product cannot support a finding of existing exceptional ability.
AAO agreed the Petitioner failed to establish ACM is a professional association because the record shows ACM has 'student chapters,' indicating undergraduate students can join, and the Petitioner never submitted ACM's membership requirements when asked to do so.
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AAO agreed the Petitioner failed to establish ACM is a professional association because the record shows ACM has 'student chapters,' indicating undergraduate students can join, and the Petitioner never submitted ACM's membership requirements when asked to do so.
Recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations
AAO 为什么未被说服
AAO found that the primary project referenced by letter writers was still in development and not yet an existing product or contribution at the time of filing; other cited items (robotics championship post from 2011, a certificate of merit from 2015, a local publication article) did not establish recognition for achievements and significant contributions to the industry or field; and the Minister's general statement about i…
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AAO found that the primary project referenced by letter writers was still in development and not yet an existing product or contribution at the time of filing; other cited items (robotics championship post from 2011, a certificate of merit from 2015, a local publication article) did not establish recognition for achievements and significant contributions to the industry or field; and the Minister's general statement about innovation did not specifically pertain to the Petitioner's application.
Academic degree relating to area of claimed exceptional ability
证据为何得到认可
AAO agreed that the Petitioner's computer science degree, evaluated as equivalent to a regionally accredited U.S. institution's degree, satisfies criterion A.
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AAO agreed that the Petitioner's computer science degree, evaluated as equivalent to a regionally accredited U.S. institution's degree, satisfies criterion A.
AAO explicitly declined to reach this prong because the first prong was not met, rendering further discussion of the balancing factors under the remaining prongs unnecessary.
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AAO explicitly declined to reach this prong because the first prong was not met, rendering further discussion of the balancing factors under the remaining prongs unnecessary.
The AAO withdrew the Director's favorable finding, observing the Petitioner had not actually obtained her Massachusetts nursing license, had not taken steps to incorporate the company, and had not corroborated her ability to fund half of the required initial investment, while her brother's letter of intent was not legally binding.
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The AAO withdrew the Director's favorable finding, observing the Petitioner had not actually obtained her Massachusetts nursing license, had not taken steps to incorporate the company, and had not corroborated her ability to fund half of the required initial investment, while her brother's letter of intent was not legally binding.
EB-2 classification (advanced degree or exceptional ability)
裁决如何说明
AAO reserved the issue as unnecessary to the ultimate decision because the NIW waiver denial was independently dispositive. AAO also declined to consider new evidence submitted on appeal because the petitioner was given prior notice and opportunity to submit it.
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AAO reserved the issue as unnecessary to the ultimate decision because the NIW waiver denial was independently dispositive. AAO also declined to consider new evidence submitted on appeal because the petitioner was given prior notice and opportunity to submit it.