Assuming arguendo the management activities are original contributions, AAO concludes the Petitioner did not show impact on the business management field as a whole; the cited acquisitions affected only individual companies and industries, the Harvard Business Review award was given to his company rather than him, and recommendation letters did not explain field-wide significance.
为什么值得参考
区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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Assuming arguendo the management activities are original contributions, AAO concludes the Petitioner did not show impact on the business management field as a whole; the cited acquisitions affected only individual companies and industries, the Harvard Business Review award was given to his company rather than him, and recommendation letters did not explain field-wide significance.
Criterion (D) - Salary or remuneration indicative of exceptional ability
AAO 为什么未被说服
AAO withdrew the Director's finding because the 2022 compensation could not be considered (petition filed February 2022), and the comparison of gross profit from a sole proprietorship to median wages for truck drivers was improper since the former reflects gross receipts/total business income rather than wages for the occupation.
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 withdrew the Director's finding because the 2022 compensation could not be considered (petition filed February 2022), and the comparison of gross profit from a sole proprietorship to median wages for truck drivers was improper since the former reflects gross receipts/total business income rather than wages for the occupation.
AAO noted sua sponte that a 'profession' requires a U.S. baccalaureate degree or foreign equivalent as the minimum entry requirement, and the petitioner's occupations of truck driver and owner do not satisfy this definition.
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 noted sua sponte that a 'profession' requires a U.S. baccalaureate degree or foreign equivalent as the minimum entry requirement, and the petitioner's occupations of truck driver and owner do not satisfy this definition.
AAO agreed the Petitioner qualifies for EB-2, but on different grounds: not the MBA certificate (which is a lato sensu certificate not equivalent to a graduate degree), but rather the bachelor's degree in law plus at least five years of progressive experience in the specialty.
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 agreed the Petitioner qualifies for EB-2, but on different grounds: not the MBA certificate (which is a lato sensu certificate not equivalent to a graduate degree), but rather the bachelor's degree in law plus at least five years of progressive experience in the specialty.
AAO found the Director's first-prong determination unsupported by the record and inadequately explained, noting the Director ignored most evidence and applied heightened standards beyond Dhanasar; AAO did not itself decide the prong but remanded for fresh analysis.
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 Director's first-prong determination unsupported by the record and inadequately explained, noting the Director ignored most evidence and applied heightened standards beyond Dhanasar; AAO did not itself decide the prong but remanded for fresh analysis.
AAO finds the original issues established authenticity and that the materials qualify as professional publications based on their intended audience of entrepreneurs and business managers.
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 original issues established authenticity and that the materials qualify as professional publications based on their intended audience of entrepreneurs and business managers.