high salary or remuneration (8 C.F.R. § 204.5(k)(3)(ii)(D))
AAO 为什么未被说服
Internally generated business documents did not establish the Petitioner's individual earnings, contained unresolved currency-conversion inconsistencies, and the record lacked comparative salary data for entrepreneurs in his field.
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Internally generated business documents did not establish the Petitioner's individual earnings, contained unresolved currency-conversion inconsistencies, and the record lacked comparative salary data for entrepreneurs in his field.
ten years full-time experience letters (8 C.F.R. § 204.5(k)(3)(ii)(B))
AAO 为什么未被说服
Service invoices and employment letters did not provide sufficient information to establish ten years of full-time experience as an entrepreneur in IT and distance education.
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Service invoices and employment letters did not provide sufficient information to establish ten years of full-time experience as an entrepreneur in IT and distance education.
recognition for achievements/significant contributions (8 C.F.R. § 204.5(k)(3)(ii)(F))
AAO 为什么未被说服
Letters of endorsement were testimonials about specific projects rather than evidence of impact on the broader field, and lacked corroborating objective evidence; one key letter did not establish whether the achievements occurred before the filing date.
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Letters of endorsement were testimonials about specific projects rather than evidence of impact on the broader field, and lacked corroborating objective evidence; one key letter did not establish whether the achievements occurred before the filing date.
advanced degree or baccalaureate plus five years progressive experience
裁决如何说明
Director's decision did not adequately address whether Petitioner had the underlying baccalaureate degree or analyze the credentials evaluation; AAO remands for a sufficient finding.
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Director's decision did not adequately address whether Petitioner had the underlying baccalaureate degree or analyze the credentials evaluation; AAO remands for a sufficient finding.
membership in professional associations (8 C.F.R. § 204.5(k)(3)(ii)(E))
AAO 为什么未被说服
Petitioner did not establish that AMA admits members based on professional credentials, and APEE/National Entrepreneurs Association memberships post-dated the petition's filing date and so could not be considered.
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Petitioner did not establish that AMA admits members based on professional credentials, and APEE/National Entrepreneurs Association memberships post-dated the petition's filing date and so could not be considered.
AAO agreed that the Petitioner had substantial merit (carried over from the prior appeal decision) but found national importance was not established. The new evidence addressed the importance of strategic financial planning generally rather than the Petitioner's specific proposed endeavor, and the record did not show his work would extend beyond his employer(s) to impact the industry more broadly.
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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 that the Petitioner had substantial merit (carried over from the prior appeal decision) but found national importance was not established. The new evidence addressed the importance of strategic financial planning generally rather than the Petitioner's specific proposed endeavor, and the record did not show his work would extend beyond his employer(s) to impact the industry more broadly.
The Petitioner did not identify any specific error of law or policy in the prior AAO decision. His motion largely duplicated the prior appeal's table. Additionally, the December 2022 offer letter cannot establish eligibility at the June 2021 filing date. Even if considered, the salary claim was unsupported and insufficient to establish the high salary criterion.
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The Petitioner did not identify any specific error of law or policy in the prior AAO decision. His motion largely duplicated the prior appeal's table. Additionally, the December 2022 offer letter cannot establish eligibility at the June 2021 filing date. Even if considered, the salary claim was unsupported and insufficient to establish the high salary criterion.
Criterion (F) – recognition for achievements and significant contributions by peers, governmental entities, or professional/business organizations
AAO 为什么未被说服
AAO found that the business plan (Exhibit #4) addressed future activities and was not prepared by peers, governmental entities, or professional organizations, so it did not constitute recognition for past achievements. The training certificates did not demonstrate specific significant contributions.…
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AAO found that the business plan (Exhibit #4) addressed future activities and was not prepared by peers, governmental entities, or professional organizations, so it did not constitute recognition for past achievements. The training certificates did not demonstrate specific significant contributions. The Academy certificate translation contained significant typographical errors ('certifi' and 'awarned') undermining its reliability and the sufficiency of the remaining evidence.