Both the Director and AAO agreed the Petitioner demonstrated criterion (A) through an official academic record showing an associate degree in tourism management.
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Both the Director and AAO agreed the Petitioner demonstrated criterion (A) through an official academic record showing an associate degree in tourism management.
recognition for achievements and significant contributions to the industry or field
AAO 为什么未被说服
The letters of recommendation contained only vague statements about administrative duties and did not establish recognition for achievements or significant contributions. No letter identified specific noteworthy achievements or contributions that would demonstrate expertise significantly above that ordinarily encountered in the field.
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The letters of recommendation contained only vague statements about administrative duties and did not establish recognition for achievements or significant contributions. No letter identified specific noteworthy achievements or contributions that would demonstrate expertise significantly above that ordinarily encountered in the field.
AAO found the Director's final merits analysis procedurally deficient for failing to consider the full record, including original-contributions evidence and letters of support, and remanded for a new decision that evaluates the totality of the evidence.
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AAO found the Director's final merits analysis procedurally deficient for failing to consider the full record, including original-contributions evidence and letters of support, and remanded for a new decision that evaluates the totality of the evidence.
The AAO found that projecting only six direct employees after five years, with conflicting indirect job estimates (53 from EPI vs. 84 from RIMS II), does not establish substantial job creation of national importance. The Petitioner did not show how his work differs from other real estate developers or how it would have significant impact on homelessness, housing, or the construction workforce.…
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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 found that projecting only six direct employees after five years, with conflicting indirect job estimates (53 from EPI vs. 84 from RIMS II), does not establish substantial job creation of national importance. The Petitioner did not show how his work differs from other real estate developers or how it would have significant impact on homelessness, housing, or the construction workforce. The expert letter largely reiterated the business plan and offered a conclusion that is advisory only.
AAO agreed with the Director that the Petitioner failed to demonstrate she is well-positioned to advance her proposed endeavor. Her presentations were typical of a researcher in the field, her role in funded research was supporting rather than leading, and the letters of support contained conclusory statements unsupported by specifics or were focused on her value as an employee rather than her record of success.
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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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AAO agreed with the Director that the Petitioner failed to demonstrate she is well-positioned to advance her proposed endeavor. Her presentations were typical of a researcher in the field, her role in funded research was supporting rather than leading, and the letters of support contained conclusory statements unsupported by specifics or were focused on her value as an employee rather than her record of success.
Proposed occupation is a profession requiring an advanced degree
AAO 为什么未被说服
AAO agreed the proposed occupation was properly evaluated as truck driver based on the petition as filed. Neither the initial evidence nor the RFE response demonstrated that the occupation requires an advanced degree. The material change to 'operations manager/business owner' after filing was improper, and even that new endeavor lacked evidence of requiring an advanced degree.…
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AAO agreed the proposed occupation was properly evaluated as truck driver based on the petition as filed. Neither the initial evidence nor the RFE response demonstrated that the occupation requires an advanced degree. The material change to 'operations manager/business owner' after filing was improper, and even that new endeavor lacked evidence of requiring an advanced degree. Counsel's unsubstantiated assertions do not constitute evidence.