AAO reviewed the aggregate record and found the evidence insufficient to establish sustained national or international acclaim or that the Beneficiary is among the small percentage at the very top of the field.
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AAO reviewed the aggregate record and found the evidence insufficient to establish sustained national or international acclaim or that the Beneficiary is among the small percentage at the very top of the field.
The Petitioner's own statements confirmed he did not complete his degree. The regulation requires at minimum a bachelor's degree or foreign equivalent; combinations of lesser education and experience cannot substitute. The Petitioner's arguments misquoted the regulation and cited no valid authority for deferring to the OOH.
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The Petitioner's own statements confirmed he did not complete his degree. The regulation requires at minimum a bachelor's degree or foreign equivalent; combinations of lesser education and experience cannot substitute. The Petitioner's arguments misquoted the regulation and cited no valid authority for deferring to the OOH.
The AAO found the Petitioner's assertions about national impact were generic and unsubstantiated, that support letters focused on his skills rather than the prospective impact of his proposed endeavor, that his business plan was vague and did not sufficiently explain the 'Investment Easy Project' or how it would achieve national-level impact, and that industry reports on general topics like FDI and GDP did not corroborate n…
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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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The AAO found the Petitioner's assertions about national impact were generic and unsubstantiated, that support letters focused on his skills rather than the prospective impact of his proposed endeavor, that his business plan was vague and did not sufficiently explain the 'Investment Easy Project' or how it would achieve national-level impact, and that industry reports on general topics like FDI and GDP did not corroborate national-level impact from his specific proposed business.
AAO found that the petitioner's proposed IT services work does not demonstrate prospective impact rising to national importance because it would not extend meaningfully beyond his company and its clients to impact the broader IT services field, societal welfare, or the U.S. economy.…
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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 petitioner's proposed IT services work does not demonstrate prospective impact rising to national importance because it would not extend meaningfully beyond his company and its clients to impact the broader IT services field, societal welfare, or the U.S. economy. His job creation and revenue projections (4–6 employees, under $1.3M annual revenue by year five) were insufficient to establish substantial positive economic effects regionally or nationally.
AAO agrees the record lacks evidence of substantial economic benefits or broader national implications. The professional plan is limited and lacks marketing, staffing, or financial projections, and the expert letter does not engage with the plan or address broader field impact.
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AAO agrees the record lacks evidence of substantial economic benefits or broader national implications. The professional plan is limited and lacks marketing, staffing, or financial projections, and the expert letter does not engage with the plan or address broader field impact.
AAO noted that the petitioner's skills, knowledge, and prior work relate to prong 2, which 'shifts the focus from the proposed endeavor to the foreign national,' but did not reach prong 2 because prong 1 was not met.
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AAO noted that the petitioner's skills, knowledge, and prior work relate to prong 2, which 'shifts the focus from the proposed endeavor to the foreign national,' but did not reach prong 2 because prong 1 was not met.
AAO found the supplemental employer letter clearly described an initial set of duties and subsequent more advanced responsibilities, demonstrating the required progressive experience.
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AAO found the supplemental employer letter clearly described an initial set of duties and subsequent more advanced responsibilities, demonstrating the required progressive experience.
letters from employer(s) showing at least ten years of full-time experience in the occupation
AAO 为什么未被说服
The record contained inconsistencies between the Petitioner's own account of his early employment and a third-party opinion letter. Most letters were not from current or former employers, did not state full-time status, lacked job titles and dates, and provided insufficient duty descriptions. Client letters and business ownership evidence did not demonstrate full-time occupational experience.
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The record contained inconsistencies between the Petitioner's own account of his early employment and a third-party opinion letter. Most letters were not from current or former employers, did not state full-time status, lacked job titles and dates, and provided insufficient duty descriptions. Client letters and business ownership evidence did not demonstrate full-time occupational experience.
final merits determination for exceptional ability
裁决如何说明
AAO reserved the final merits determination because the Petitioner failed to meet the threshold three-criteria requirement. AAO nonetheless noted that the overall record would not support a finding of exceptional ability.
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AAO reserved the final merits determination because the Petitioner failed to meet the threshold three-criteria requirement. AAO nonetheless noted that the overall record would not support a finding of exceptional ability.