recognition for achievements and significant contributions (8 C.F.R. § 204.5(k)(3)(ii)(F))
AAO 为什么未被说服
AAO agreed that exceptional performance in the opinion of peers at a single employer does not establish recognition by peers, governmental entities, or professional or business organizations on a scale beyond that employer.
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AAO agreed that exceptional performance in the opinion of peers at a single employer does not establish recognition by peers, governmental entities, or professional or business organizations on a scale beyond that employer.
ten years of full-time experience (8 C.F.R. § 204.5(k)(3)(ii)(B))
AAO 为什么未被说服
AAO agreed that the record did not establish ten years of full-time employment, finding that only the May 2019 to January 2021 period was attested as full-time and that inconsistencies between the initial filing and RFE response were not resolved with independent objective evidence.
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AAO agreed that the record did not establish ten years of full-time employment, finding that only the May 2019 to January 2021 period was attested as full-time and that inconsistencies between the initial filing and RFE response were not resolved with independent objective evidence.
Adequacy of NOID notice under 8 C.F.R. § 103.2(b)(8)(iv)
AAO 为什么未被说服
Because the NOID did not identify ETA Form 750B and ETA Form 9089 as the missing evidence underlying the proposed denial, the denial on that basis deprived the petitioner of the adequate notice and opportunity to respond required by 8 C.F.R. § 103.2(b)(8)(iv).
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Because the NOID did not identify ETA Form 750B and ETA Form 9089 as the missing evidence underlying the proposed denial, the denial on that basis deprived the petitioner of the adequate notice and opportunity to respond required by 8 C.F.R. § 103.2(b)(8)(iv).
The AAO noted that the reference letters describing the Petitioner's prior engineering work are pertinent to the second Dhanasar prong, but did not reach a final merits determination on this prong because the first prong was not met.
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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The AAO noted that the reference letters describing the Petitioner's prior engineering work are pertinent to the second Dhanasar prong, but did not reach a final merits determination on this prong because the first prong was not met.
Evidence from industry publications about the importance of project management in the oil and gas industry, and the Petitioner's role in individual construction or repair projects, does not show that his proposed activities would affect the oil and gas industry more broadly or extend beyond benefits to his employer and its clients.
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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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Evidence from industry publications about the importance of project management in the oil and gas industry, and the Petitioner's role in individual construction or repair projects, does not show that his proposed activities would affect the oil and gas industry more broadly or extend beyond benefits to his employer and its clients.
AAO found the Petitioner's business plan projections (88 jobs, $15M wages, $2.4M in taxes over five years) were unsubstantiated and insufficient to rise to national importance. Industry reports addressed the importance of the finance sector generally, not the Petitioner's specific 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 found the Petitioner's business plan projections (88 jobs, $15M wages, $2.4M in taxes over five years) were unsubstantiated and insufficient to rise to national importance. Industry reports addressed the importance of the finance sector generally, not the Petitioner's specific endeavor. Recommendation letters and the expert opinion focused on the Petitioner's qualifications (relevant to prong two) rather than the prospective impact of his endeavor on the field. The Petitioner failed to establish any original innovations or broader implications beyond servicing his own clients.