letters from employer(s) showing at least ten years of full-time experience
AAO 为什么未被说服
Neither employment letter specifies whether the Petitioner was employed full-time, as the regulation requires. Additionally, the record contains inconsistent information, as the Petitioner's CV shows both positions ended years ago while the business plan's copy of the CV states they are ongoing.
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Neither employment letter specifies whether the Petitioner was employed full-time, as the regulation requires. Additionally, the record contains inconsistent information, as the Petitioner's CV shows both positions ended years ago while the business plan's copy of the CV states they are ongoing.
recognition for achievements and significant contributions to the industry or field
AAO 为什么未被说服
Contributions were limited to one company rather than the industry generally; several articles were promotional/advertising material; the e-book was only shown to be available for purchase; and letters from others recognized the Petitioner's contributions to his customers, not to the industry at large.
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Contributions were limited to one company rather than the industry generally; several articles were promotional/advertising material; the e-book was only shown to be available for purchase; and letters from others recognized the Petitioner's contributions to his customers, not to the industry at large.
official academic record showing degree relating to area of exceptional ability
AAO 为什么未被说服
The Petitioner did not explain on appeal how the evidence relates to his area of exceptional ability, and the university transcript shows only 52 of 217 credits completed, not a completed degree.
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The Petitioner did not explain on appeal how the evidence relates to his area of exceptional ability, and the university transcript shows only 52 of 217 credits completed, not a completed degree.
license to practice the profession or certification for a particular profession or occupation
AAO 为什么未被说服
The Petitioner submitted the Adobe certificates for the first time on appeal after being put on notice and given a reasonable opportunity to provide evidence, so the AAO declined to consider them.
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The Petitioner submitted the Adobe certificates for the first time on appeal after being put on notice and given a reasonable opportunity to provide evidence, so the AAO declined to consider them.
AAO reserved judgment on the membership criterion because the Petitioner could not fulfill the threshold requirement of three criteria regardless of the outcome on this criterion.
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AAO reserved judgment on the membership criterion because the Petitioner could not fulfill the threshold requirement of three criteria regardless of the outcome on this criterion.
AAO reserved judgment on the awards criterion because the Petitioner could not fulfill the threshold requirement of three criteria regardless of the outcome on this criterion.
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AAO reserved judgment on the awards criterion because the Petitioner could not fulfill the threshold requirement of three criteria regardless of the outcome on this criterion.
AAO formally reserved the final merits determination because the Petitioner did not meet the threshold of three criteria, but reviewed the record in the aggregate and noted it did not establish the requisite acclaim.
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AAO formally reserved the final merits determination because the Petitioner did not meet the threshold of three criteria, but reviewed the record in the aggregate and noted it did not establish the requisite acclaim.
The Beneficiary's duties as programmer analyst with the Petitioner matched those of the offered position, making the positions substantially comparable. Under 20 C.F.R. § 656.17(i)(3), an employer cannot rely on experience gained with it in a substantially comparable position to establish minimum qualifications.
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The Beneficiary's duties as programmer analyst with the Petitioner matched those of the offered position, making the positions substantially comparable. Under 20 C.F.R. § 656.17(i)(3), an employer cannot rely on experience gained with it in a substantially comparable position to establish minimum qualifications.
Inconsistencies between the two V-S-P- letters regarding the Beneficiary's position titles and dates of employment, combined with pay slips that were partially illegible and covered only short periods, were insufficient to overcome the credibility concerns raised by the failure to list this experience on the labor certification.
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Inconsistencies between the two V-S-P- letters regarding the Beneficiary's position titles and dates of employment, combined with pay slips that were partially illegible and covered only short periods, were insufficient to overcome the credibility concerns raised by the failure to list this experience on the labor certification.