The AAO concluded the Petitioner did not show broader implications in the quick service restaurant industry or business/financial services field. Job creation and revenue projections lacked supporting detail, and importance of the industry does not establish importance of the 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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The AAO concluded the Petitioner did not show broader implications in the quick service restaurant industry or business/financial services field. Job creation and revenue projections lacked supporting detail, and importance of the industry does not establish importance of the specific endeavor.
Salary or remuneration demonstrating exceptional ability
AAO 为什么未被说服
The AAO agreed the accountant's letter lacked corroborating documentation; corporate tax returns do not establish individual income; personal tax returns filed after the petition date cannot establish eligibility at filing; and there was no comparative salary data to show the Petitioner's earnings were indicative of exceptional ability.
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The AAO agreed the accountant's letter lacked corroborating documentation; corporate tax returns do not establish individual income; personal tax returns filed after the petition date cannot establish eligibility at filing; and there was no comparative salary data to show the Petitioner's earnings were indicative of exceptional ability.
The AAO found that the four organizations are not professional associations within the regulatory definition, and that the IAM membership certificate was issued to a company rather than to the Petitioner personally.
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The AAO found that the four organizations are not professional associations within the regulatory definition, and that the IAM membership certificate was issued to a company rather than to the Petitioner personally.
leading or critical role for organizations with distinguished reputation
AAO 为什么未被说服
AAO withdrew the Director's favorable finding because the record contained no evidence demonstrating that either of the two companies had a distinguished reputation—no media reports, rankings, industry awards, or independent evidence of standing in the field.
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AAO withdrew the Director's favorable finding because the record contained no evidence demonstrating that either of the two companies had a distinguished reputation—no media reports, rankings, industry awards, or independent evidence of standing in the field.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO agreed that the EO membership requirements—based on founding/owning a company with $1M+ annual revenue plus an interview for 'fit'—do not demonstrate that outstanding achievements are judged by recognized national or international experts. The record lacked a description of the decision-making process or identification of who makes membership decisions.
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AAO agreed that the EO membership requirements—based on founding/owning a company with $1M+ annual revenue plus an interview for 'fit'—do not demonstrate that outstanding achievements are judged by recognized national or international experts. The record lacked a description of the decision-making process or identification of who makes membership decisions.
AAO agreed the endeavor has substantial merit (IT progress is important to U.S. competitiveness and could create jobs), but concluded the Petitioner did not show his specific consultancy would broadly affect the national economy or the IT field. The business plan was internally inconsistent regarding employment numbers and there was no claim of advances in the IT field or benefit to an economically depressed area.
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 agreed the endeavor has substantial merit (IT progress is important to U.S. competitiveness and could create jobs), but concluded the Petitioner did not show his specific consultancy would broadly affect the national economy or the IT field. The business plan was internally inconsistent regarding employment numbers and there was no claim of advances in the IT field or benefit to an economically depressed area.
The AAO agreed that letters from former and current employers, combined with the length of employment and job responsibilities described, established by a preponderance of the evidence that the Petitioner has at least ten years of full-time experience.
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The AAO agreed that letters from former and current employers, combined with the length of employment and job responsibilities described, established by a preponderance of the evidence that the Petitioner has at least ten years of full-time experience.
The AAO found that the Petitioner's course certificates in areas such as Microsoft Access, Excel, Introduction to Maritime Transportation, and Integrated Foreign Trade System relate to his claimed field of exceptional ability and satisfy the plain language of the criterion.
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The AAO found that the Petitioner's course certificates in areas such as Microsoft Access, Excel, Introduction to Maritime Transportation, and Integrated Foreign Trade System relate to his claimed field of exceptional ability and satisfy the plain language of the criterion.