AAO agreed that the intern experience does not constitute experience 'in the job offered' because experience in the job offered means performing the offered position's key duties, the labor certification did not allow alternate occupational experience, and the Petitioner's own evidence and statements demonstrated the intern role was supervised, lower-level training distinct from full IT project manager performance.
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO agreed that the intern experience does not constitute experience 'in the job offered' because experience in the job offered means performing the offered position's key duties, the labor certification did not allow alternate occupational experience, and the Petitioner's own evidence and statements demonstrated the intern role was supervised, lower-level training distinct from full IT project manager performance.
AAO adopted and affirmed the Director's finding that the Petitioner failed to meet any three of the six regulatory criteria for exceptional ability, and noted the Petitioner's inconsistent representations made it impossible to evaluate their proposed endeavor.
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO adopted and affirmed the Director's finding that the Petitioner failed to meet any three of the six regulatory criteria for exceptional ability, and noted the Petitioner's inconsistent representations made it impossible to evaluate their proposed endeavor.
on balance, beneficial to waive job offer requirement
裁决如何说明
AAO deferred analysis of the third prong to the Director on remand, noting it should be evaluated only if the Director finds the first and second prongs met.
为什么值得参考
理解除了希望自我申请之外，哪些与具体事业相关的事实会影响豁免分析。
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AAO deferred analysis of the third prong to the Director on remand, noting it should be evaluated only if the Director finds the first and second prongs met.
AAO found the Director's decision insufficient for review because it failed to analyze the first prong at all, and remanded with instructions for the Director to conduct a first-line analysis of substantial merit and national importance.
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 found the Director's decision insufficient for review because it failed to analyze the first prong at all, and remanded with instructions for the Director to conduct a first-line analysis of substantial merit and national importance.
AAO disagreed with the Director's use of a 'transcendence' standard not found in the statute, regulations, or Dhanasar framework, and withdrew the second-prong decision with instructions to apply the correct multi-factorial analysis on remand.
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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AAO disagreed with the Director's use of a 'transcendence' standard not found in the statute, regulations, or Dhanasar framework, and withdrew the second-prong decision with instructions to apply the correct multi-factorial analysis on remand.
recognition for achievements and significant contributions
AAO 为什么未被说服
The Petitioner resubmitted only previously considered documents and letters with substantially similar content from the same signatories. None constituted new facts, so criterion (F) remained unmet.
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The Petitioner resubmitted only previously considered documents and letters with substantially similar content from the same signatories. None constituted new facts, so criterion (F) remained unmet.
The Petitioner explicitly stated in response to the NOID that he was not submitting evidence for this criterion, and did not raise it on appeal; accordingly, it was waived.
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The Petitioner explicitly stated in response to the NOID that he was not submitting evidence for this criterion, and did not raise it on appeal; accordingly, it was waived.