检索 AAO 如何审视申请证据。

审查的问题

EB-1A · 最终综合评估

final merits determination — sustained national or international acclaim

裁决如何说明

AAO found the Director's final merits analysis was deficient because it only addressed evidence related to three criteria rather than the full record, did not reference the RFE response, and thus did not provide a sufficient explanation for denial. AAO remanded for a complete final merits analysis.

审查的问题

EB-1A · 学术论文作者

authorship of scholarly articles in the field

证据为何得到认可

AAO accepted the Director's finding that the scholarly articles criterion was met; this finding was not in dispute.

审查的问题

EB-1A · 专业协会会员

membership in associations requiring outstanding achievements

裁决如何说明

AAO did not independently evaluate criterion (ii) and remanded for the Director to review the overlooked evidence.

审查的问题

EB-1A · 奖项

lesser nationally or internationally recognized prizes or awards

裁决如何说明

AAO did not independently evaluate criterion (i) and instead remanded for the Director to review the overlooked evidence on appeal.

审查的问题

EB-1A · 评审

judging the work of others

证据为何得到认可

AAO accepted the Director's finding that the judging criterion was met; this finding was not in dispute.

审查的问题

EB-1A · 媒体报道

published material about the petitioner in professional or major trade publications

裁决如何说明

AAO did not independently evaluate criterion (iii) and remanded for the Director to properly consider the evidence.

审查的问题

EB-1A · 领导 / 关键角色

performed in a leading or critical role for organizations or establishments with a distinguished reputation

证据为何得到认可

AAO accepted the Director's finding that the leading/critical role criterion was met; this finding was not in dispute.

审查的问题

exceptional ability other

At least ten years of full-time experience in the occupation (8 C.F.R. § 204.5(k)(3)(ii)(B))

AAO 为什么未被说服

Many of the claimed occupations (grocery clerk, housekeeper, English teacher) are not 'in the occupation' of operating a performance arts consultation company. Furthermore, the letters do not specify start and end dates or confirm full-time status, making it impossible to establish ten years of full-time experience in the relevant occupation.

审查的问题

exceptional ability other

Evidence of a salary or remuneration for services that demonstrates exceptional ability (8 C.F.R. § 204.5(k)(3)(ii)(E))

裁决如何说明

AAO reserved its opinion on criterion (E) as unnecessary to the outcome, having already found at least two other claimed criteria not met, making it impossible for the Petitioner to satisfy three criteria regardless.

审查的问题

exceptional ability other

Recognition for achievements and significant contributions to the industry or field (8 C.F.R. § 204.5(k)(3)(ii)(F))

AAO 为什么未被说服

The Petitioner failed to identify any particular document satisfying this criterion on appeal or in RFE response. AAO reviewed the entire record and agreed with the Director that no evidence of recognition for achievements and significant contributions from peers, governmental entities, or professional or business organizations was present.