on balance, beneficial to the United States to waive the job offer requirement
裁决如何说明
AAO explicitly reserved its opinion on whether the record satisfies the third Dhanasar prong, as it was unnecessary to the ultimate decision given the failure on the first prong.
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 explicitly reserved its opinion on whether the record satisfies the third Dhanasar prong, as it was unnecessary to the ultimate decision given the failure on the first prong.
The general publications about HR consulting do not address the Petitioner's specific proposed endeavor and how it may have national or global implications. The record lacks details about the company's location, number of employees, wages, and other information needed to establish significant positive economic effects. The proposed endeavor appears to benefit primarily the Petitioner and her clients, not the nation broadly.
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 general publications about HR consulting do not address the Petitioner's specific proposed endeavor and how it may have national or global implications. The record lacks details about the company's location, number of employees, wages, and other information needed to establish significant positive economic effects. The proposed endeavor appears to benefit primarily the Petitioner and her clients, not the nation broadly.
AAO found that the Director did not address or engage with the Petitioner's response to the NOID, failed to explain why the rebuttal evidence was insufficient, and improperly raised a new criterion (original contributions) that had not been disclosed in the NOID. The decision therefore lacked sufficient support for a willful misrepresentation finding and did not provide the required written explanation.
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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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AAO found that the Director did not address or engage with the Petitioner's response to the NOID, failed to explain why the rebuttal evidence was insufficient, and improperly raised a new criterion (original contributions) that had not been disclosed in the NOID. The decision therefore lacked sufficient support for a willful misrepresentation finding and did not provide the required written explanation.
AAO does not reach the second prong but directs the Director on remand to consider second-prong factors (such as sales goals and expressed interest from U.S. businesses) under the proper prong and to address the Petitioner's appeal-brief arguments.
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣，以及过去经历与未来计划之间的连接。
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AAO does not reach the second prong but directs the Director on remand to consider second-prong factors (such as sales goals and expressed interest from U.S. businesses) under the proper prong and to address the Petitioner's appeal-brief arguments.
AAO does not reach the third prong but instructs the Director to address all three Dhanasar prongs and the Petitioner's appeal-brief arguments on remand.
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 does not reach the third prong but instructs the Director to address all three Dhanasar prongs and the Petitioner's appeal-brief arguments on remand.
advanced degree or equivalent (five years progressive post-baccalaureate experience)
AAO 为什么未被说服
AAO found that while the Petitioner established a foreign bachelor's equivalent degree, the co-owner's letter was insufficient to demonstrate five years of progressive post-baccalaureate experience.…
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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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AAO found that while the Petitioner established a foreign bachelor's equivalent degree, the co-owner's letter was insufficient to demonstrate five years of progressive post-baccalaureate experience. The author departed the business in 2008, could not reliably attest to post-2008 experience, the listed duties were not shown to be progressive, and the claims were uncorroborated by independent evidence such as client contracts, tax documents, or invoices.
AAO found the Petitioner's evidence addressed the importance of the tourism industry and general economic benefits of entrepreneurs and immigrants rather than the national importance of her specific proposed endeavor. Evidence of past and projected impact was vague, unsubstantiated, and conjecture-based, and did not rise to the level of national importance contemplated by Dhanasar.
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's evidence addressed the importance of the tourism industry and general economic benefits of entrepreneurs and immigrants rather than the national importance of her specific proposed endeavor. Evidence of past and projected impact was vague, unsubstantiated, and conjecture-based, and did not rise to the level of national importance contemplated by Dhanasar.
AAO agreed the Petitioner did not establish national importance. The projected creation of six jobs in five years and unquantified indirect economic impacts do not rise to the level of 'substantial positive economic effects.' Petitioner's arguments focused on the importance of the field generally rather than the specific prospective impact of her own endeavor.
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 agreed the Petitioner did not establish national importance. The projected creation of six jobs in five years and unquantified indirect economic impacts do not rise to the level of 'substantial positive economic effects.' Petitioner's arguments focused on the importance of the field generally rather than the specific prospective impact of her own endeavor.
AAO agreed that the Petitioner's evidence of industry-wide importance and pilot shortages does not establish the national importance of his specific proposed endeavor. His individual work as a captain and member of a diversity aviation organization does not operate on a scale commensurate with national importance, and the argument that preventing negative outcomes from improper job performance establishes national importanc…
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 agreed that the Petitioner's evidence of industry-wide importance and pilot shortages does not establish the national importance of his specific proposed endeavor. His individual work as a captain and member of a diversity aviation organization does not operate on a scale commensurate with national importance, and the argument that preventing negative outcomes from improper job performance establishes national importance was rejected.
AAO finds the inconsistencies between the two tax record sets unresolved under Matter of Ho, with the second set's 2021 income figure (2,223,061.50 RMB) contradicting the Petitioner's claim of 3,893,894.83 RMB and the first set showing higher taxes paid in a year of supposedly lower income. Without reliably established income amounts, the high-salary criterion is not met.
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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AAO finds the inconsistencies between the two tax record sets unresolved under Matter of Ho, with the second set's 2021 income figure (2,223,061.50 RMB) contradicting the Petitioner's claim of 3,893,894.83 RMB and the first set showing higher taxes paid in a year of supposedly lower income. Without reliably established income amounts, the high-salary criterion is not met.