AAO withdrew the Director's favorable finding, concluding that the scholarly articles must be in the field of extraordinary ability (AI/ML), and the Petitioner's articles relate to singlet fission, not AI/ML. Because this new denial ground was not previously raised, the matter was remanded.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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AAO withdrew the Director's favorable finding, concluding that the scholarly articles must be in the field of extraordinary ability (AI/ML), and the Petitioner's articles relate to singlet fission, not AI/ML. Because this new denial ground was not previously raised, the matter was remanded.
AAO found the Petitioner conflated prong-2 (well-positioned) evidence with prong-1 national importance, did not clarify the ambiguity in his stated industries, and provided insufficient objective evidence of prospective national impact through HUB Zone activity or job creation.
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 the Petitioner conflated prong-2 (well-positioned) evidence with prong-1 national importance, did not clarify the ambiguity in his stated industries, and provided insufficient objective evidence of prospective national impact through HUB Zone activity or job creation.
The Petitioner failed to submit either DOL Form ETA 750B or the alternative ETA 9089 sections despite being notified in the RFE and denial notice. The issue was not addressed on appeal and is considered waived.
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。
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The Petitioner failed to submit either DOL Form ETA 750B or the alternative ETA 9089 sections despite being notified in the RFE and denial notice. The issue was not addressed on appeal and is considered waived.
The Petitioner's initial filing lacked a cognizable specific endeavor. The revised business-manufacturing endeavor introduced post-filing constituted a material change and could not establish eligibility. Even setting aside the material-change issue, the Petitioner had not specified his endeavor with sufficient clarity, and counsel's unsubstantiated assertions did not constitute evidence.…
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 Petitioner's initial filing lacked a cognizable specific endeavor. The revised business-manufacturing endeavor introduced post-filing constituted a material change and could not establish eligibility. Even setting aside the material-change issue, the Petitioner had not specified his endeavor with sufficient clarity, and counsel's unsubstantiated assertions did not constitute evidence. Credentials related to academic/research work addressed only the second prong, not the first.
on balance, beneficial to the United States to waive job offer requirement
裁决如何说明
AAO declined to reach the third prong because the Petitioner's failure to satisfy the first and second prongs was dispositive, citing INS v. Bagamasbad.
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。
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AAO declined to reach the third prong because the Petitioner's failure to satisfy the first and second prongs was dispositive, citing INS v. Bagamasbad.