AAO agreed with the Director that the Petitioner was well positioned to advance her endeavor, noting her skills and experience were probative to this prong rather than to national importance.
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AAO agreed with the Director that the Petitioner was well positioned to advance her endeavor, noting her skills and experience were probative to this prong rather than to national importance.
AAO found the evidence addressed the FinTech industry or the Petitioner's employer broadly, rather than the specific proposed endeavor, and that job creation figures could not be attributed to the Petitioner's specific activities. The clarification letter was not genuinely new evidence, and the job creation data was too attenuated to attribute to the proposed endeavor.
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AAO found the evidence addressed the FinTech industry or the Petitioner's employer broadly, rather than the specific proposed endeavor, and that job creation figures could not be attributed to the Petitioner's specific activities. The clarification letter was not genuinely new evidence, and the job creation data was too attenuated to attribute to the proposed endeavor.
Petitioner's new evidence addresses an issue (exceptional ability) that he waived on appeal, so it does not bear on the prior AAO decision and cannot establish eligibility on motion.
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Petitioner's new evidence addresses an issue (exceptional ability) that he waived on appeal, so it does not bear on the prior AAO decision and cannot establish eligibility on motion.
At least ten years of full-time experience in the occupation
AAO 为什么未被说服
AAO found the employer letter only expressly stated full-time employment through March 2016, and the subsequent period lacked specific information establishing full-time status, duties, or remote work arrangements. The Petitioner also could not rely on experience accrued after the June 2022 filing date.
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AAO found the employer letter only expressly stated full-time employment through March 2016, and the subsequent period lacked specific information establishing full-time status, duties, or remote work arrangements. The Petitioner also could not rely on experience accrued after the June 2022 filing date.
License to practice the profession or certification for a particular profession or occupation
裁决如何说明
The Petitioner did not address criterion (C) on appeal; AAO therefore deemed the issue waived. AAO also noted the Petitioner incorrectly characterized the Director's finding as having met this criterion.
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The Petitioner did not address criterion (C) on appeal; AAO therefore deemed the issue waived. AAO also noted the Petitioner incorrectly characterized the Director's finding as having met this criterion.
Recognition for achievements and significant contributions to the industry or field
AAO 为什么未被说服
AAO found the record contained internally inconsistent statements about the Petitioner's field, undermining the credibility of his evidence, and the letters described client work rather than achievements or significant contributions to any industry or field. AAO also could not identify what the relevant field was.
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AAO found the record contained internally inconsistent statements about the Petitioner's field, undermining the credibility of his evidence, and the letters described client work rather than achievements or significant contributions to any industry or field. AAO also could not identify what the relevant field was.
Official academic record showing a degree, diploma, certificate, or similar award
AAO 为什么未被说服
AAO withdrew the Director's finding because the training documents were not issued by a college, university, school, or other institution of learning as required, and were unrelated to the Petitioner's stated exceptional ability as a professional pilot.
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AAO withdrew the Director's finding because the training documents were not issued by a college, university, school, or other institution of learning as required, and were unrelated to the Petitioner's stated exceptional ability as a professional pilot.
AAO reserved prong 2 as unnecessary under Bagamasbad given the failure on prong 1, but noted significant deficiencies: no business plan, no progress documentation, recommendation letters only addressed past work in Colombia, and government documents pertained to aviation safety generally rather than the Petitioner's specific endeavor.
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AAO reserved prong 2 as unnecessary under Bagamasbad given the failure on prong 1, but noted significant deficiencies: no business plan, no progress documentation, recommendation letters only addressed past work in Colombia, and government documents pertained to aviation safety generally rather than the Petitioner's specific endeavor.
AAO found the Petitioner established substantial merit but not national importance. Evidence submitted discussed the importance of IT, small businesses, STEM, and critical infrastructure generally rather than demonstrating the broader implications of the Petitioner's specific services and company.…
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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 the Petitioner established substantial merit but not national importance. Evidence submitted discussed the importance of IT, small businesses, STEM, and critical infrastructure generally rather than demonstrating the broader implications of the Petitioner's specific services and company. Business plan projections (revenues of $342K–$1.1M and 6–19 jobs over 5 years) did not show substantial positive economic effects at a national level.