The payscale.com report compared all hotel industry workers rather than hotel managers, used average rather than exceptional-ability-level salaries, covered a different city than where the Petitioner worked, and spa managers in the same industry earned higher average salaries than the Petitioner's highest earnings. The evidence was insufficient to show exceptional salary.
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The payscale.com report compared all hotel industry workers rather than hotel managers, used average rather than exceptional-ability-level salaries, covered a different city than where the Petitioner worked, and spa managers in the same industry earned higher average salaries than the Petitioner's highest earnings. The evidence was insufficient to show exceptional salary.
recognition for achievements and significant contributions (criterion E)
裁决如何说明
AAO reserved this criterion because the Petitioner could not meet the three-criterion minimum threshold regardless, making assessment of this criterion unnecessary to the ultimate decision.
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AAO reserved this criterion because the Petitioner could not meet the three-criterion minimum threshold regardless, making assessment of this criterion unnecessary to the ultimate decision.
AAO agreed with the Director that while the pilot shortage demonstrates substantial merit, the Petitioner failed to show how his individual employment would have a nationally significant impact on aviation or the U.S. economy. Reliance on industry-wide importance and professional qualifications does not establish the national importance of the specific proposed endeavor.
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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 agreed with the Director that while the pilot shortage demonstrates substantial merit, the Petitioner failed to show how his individual employment would have a nationally significant impact on aviation or the U.S. economy. Reliance on industry-wide importance and professional qualifications does not establish the national importance of the specific proposed endeavor.
AAO reviewed the record in the aggregate as advisory guidance and found no sustained national or international acclaim, no demonstrated media attention spanning the relevant period, and no evidence of high remuneration or equity proceeds.
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AAO reviewed the record in the aggregate as advisory guidance and found no sustained national or international acclaim, no demonstrated media attention spanning the relevant period, and no evidence of high remuneration or equity proceeds.
leading or critical role for distinguished organizations
AAO 为什么未被说服
AAO agreed with the Director's broad conclusion that the Petitioner had not met this criterion, though disagreeing on some specifics. The letters lacked corroboration, the documentary evidence did not link the Petitioner to a leading or critical role, and the RFE response raised an inapplicable due-process argument rather than addressing the evidentiary deficiency.
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AAO agreed with the Director's broad conclusion that the Petitioner had not met this criterion, though disagreeing on some specifics. The letters lacked corroboration, the documentary evidence did not link the Petitioner to a leading or critical role, and the RFE response raised an inapplicable due-process argument rather than addressing the evidentiary deficiency.
The articles do not include a substantial discussion of the Petitioner's work in the field; they are about a new brand of e-cigarette. Additionally, the articles describe the Petitioner as a 'marketing director,' not as an entrepreneur, and therefore do not relate to his work in the field for which classification is sought.
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The articles do not include a substantial discussion of the Petitioner's work in the field; they are about a new brand of e-cigarette. Additionally, the articles describe the Petitioner as a 'marketing director,' not as an entrepreneur, and therefore do not relate to his work in the field for which classification is sought.
AAO agreed with the Director that the totality of the evidence did not show sustained national or international acclaim or that the Petitioner is among the very top of the field. AAO discussed each evidence category (awards, media, judging, recommendation letters, performances/ticket sales, earnings) and found none distinguished her at the upper echelon.
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AAO agreed with the Director that the totality of the evidence did not show sustained national or international acclaim or that the Petitioner is among the very top of the field. AAO discussed each evidence category (awards, media, judging, recommendation letters, performances/ticket sales, earnings) and found none distinguished her at the upper echelon.
AAO withdrew the Director's 'self-manufactured' finding after the RFE response supplied proper titles, dates, authors, and certified translations, but still agreed the criterion was not met because the magazine articles were about fashion trends and marketing designer clothing—not about the Petitioner and her work in the field as required by the criterion.
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AAO withdrew the Director's 'self-manufactured' finding after the RFE response supplied proper titles, dates, authors, and certified translations, but still agreed the criterion was not met because the magazine articles were about fashion trends and marketing designer clothing—not about the Petitioner and her work in the field as required by the criterion.