The record did not establish that the Petitioner was employed in the 'Dentist, General' occupation for at least ten years prior to the filing date. Post-filing employment cannot be used to establish eligibility at time of filing.
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The record did not establish that the Petitioner was employed in the 'Dentist, General' occupation for at least ten years prior to the filing date. Post-filing employment cannot be used to establish eligibility at time of filing.
The Petitioner acknowledged the Director's adverse finding but did not identify or discuss specific evidence on appeal, so AAO deemed the issue waived.
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The Petitioner acknowledged the Director's adverse finding but did not identify or discuss specific evidence on appeal, so AAO deemed the issue waived.
Meeting at least three of six exceptional ability criteria
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The Petitioner offered no evidence on appeal to establish additional criteria or comparable evidence. His inability to provide employer letters is not itself proof that the criterion does not apply to his occupation, and he identified no specific comparable evidence.
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The Petitioner offered no evidence on appeal to establish additional criteria or comparable evidence. His inability to provide employer letters is not itself proof that the criterion does not apply to his occupation, and he identified no specific comparable evidence.
Five years of progressive post-baccalaureate experience (bachelor's + 5 years)
AAO 为什么未被说服
The Petitioner's appellate submission included no employer letters to overcome the Director's determination, so the record supports the Director's finding.
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The Petitioner's appellate submission included no employer letters to overcome the Director's determination, so the record supports the Director's finding.
AAO disagreed with the Director on substantial merit, finding that the Petitioner's oil and gas endeavor falls within recognized areas of substantial merit and that the RFE response merely added detail without materially changing the character of the 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 disagreed with the Director on substantial merit, finding that the Petitioner's oil and gas endeavor falls within recognized areas of substantial merit and that the RFE response merely added detail without materially changing the character of the endeavor. However, AAO agreed the Petitioner failed to establish national importance, finding that the Petitioner's evidence focused on personal career achievements and execution rather than the prospective impact of the endeavor itself, and the advisory opinion offered only vague, generalized conclusions without identifying specific broader implications.
AAO agreed with the Director that substantial merit was present but that the Petitioner failed national importance. Geographic breadth of services alone does not establish national importance; the Petitioner did not demonstrate broader implications for the U.S. economy or accounting field, potential to employ U.S. workers significantly, or that her revenue/employment projections were well-supported.
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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 substantial merit was present but that the Petitioner failed national importance. Geographic breadth of services alone does not establish national importance; the Petitioner did not demonstrate broader implications for the U.S. economy or accounting field, potential to employ U.S. workers significantly, or that her revenue/employment projections were well-supported.
Advanced degree or equivalent (five years progressive experience)
AAO 为什么未被说服
The Petitioner's degree is only the foreign equivalent of a U.S. bachelor's degree. The employment letter fails to confirm full-time status, and tax documents suggesting self-employment contradict her claim of 40 hours per week, leaving the record insufficient to establish five years of progressive post-baccalaureate experience.
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The Petitioner's degree is only the foreign equivalent of a U.S. bachelor's degree. The employment letter fails to confirm full-time status, and tax documents suggesting self-employment contradict her claim of 40 hours per week, leaving the record insufficient to establish five years of progressive post-baccalaureate experience.
Although AAO noted it need not conduct a final merits determination given the failure to meet three criteria, it reviewed all evidence and found it insufficient to show the Petitioner's expertise is recognized as significantly above that ordinarily encountered in accounting.
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Although AAO noted it need not conduct a final merits determination given the failure to meet three criteria, it reviewed all evidence and found it insufficient to show the Petitioner's expertise is recognized as significantly above that ordinarily encountered in accounting.
commanding high salary or remuneration (8 C.F.R. § 204.5(k)(3)(ii)(D))
AAO 为什么未被说服
AAO found the salary evidence insufficient because the record did not reflect salaries expected for individuals performing duties comparable to those the Petitioner intends to undertake, and the O*NET description did not correspond to the Petitioner's described services.
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AAO found the salary evidence insufficient because the record did not reflect salaries expected for individuals performing duties comparable to those the Petitioner intends to undertake, and the O*NET description did not correspond to the Petitioner's described services.