high salary or significantly high remuneration in relation to others in the field
AAO 为什么未被说服
While AAO agreed the tax return is for an individual (not a business), it found the return shows income from the Petitioner's role as a company owner/manager rather than as a Director of Photography, and without sufficient evidence that the compensation relates to his work in the field, no meaningful comparison to the submitted wage data was possible.
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While AAO agreed the tax return is for an individual (not a business), it found the return shows income from the Petitioner's role as a company owner/manager rather than as a Director of Photography, and without sufficient evidence that the compensation relates to his work in the field, no meaningful comparison to the submitted wage data was possible.
AAO found that although the Petitioner was the recipient of the award, the record lacked evidence that the award was nationally or internationally recognized beyond the issuing entity, as there was no public reporting of its issuance or broader recognition in the field.
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AAO found that although the Petitioner was the recipient of the award, the record lacked evidence that the award was nationally or internationally recognized beyond the issuing entity, as there was no public reporting of its issuance or broader recognition in the field.
AAO found that the Petitioner failed to corroborate his claimed U.S. hourly earnings, that USCIS policy prohibits converting foreign earnings to USD for comparison, and that comparison to average salary levels does not satisfy the requirement of showing earnings high relative to others in the field. Uncorroborated opinion letters were deemed insufficient.
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AAO found that the Petitioner failed to corroborate his claimed U.S. hourly earnings, that USCIS policy prohibits converting foreign earnings to USD for comparison, and that comparison to average salary levels does not satisfy the requirement of showing earnings high relative to others in the field. Uncorroborated opinion letters were deemed insufficient.
AAO found that at least one article was a press release rather than genuine published material, and the record lacked circulation statistics necessary to establish whether the outlets qualified as professional or major trade publications or major media.
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AAO found that at least one article was a press release rather than genuine published material, and the record lacked circulation statistics necessary to establish whether the outlets qualified as professional or major trade publications or major media.
The Petitioner materially changed her proposed endeavor by founding a consulting company after the petition filing date, and post-filing facts (including the consulting company and the COVID-19 pandemic) cannot establish eligibility.…
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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 Petitioner materially changed her proposed endeavor by founding a consulting company after the petition filing date, and post-filing facts (including the consulting company and the COVID-19 pandemic) cannot establish eligibility. Even setting aside the consulting company, the record does not show that the Petitioner's IT project management work has national or global implications within the field or broader implications such as significant potential to employ U.S. workers or substantial positive economic effects.
AAO agreed with the Director that the record supports a finding that the Petitioner's proposed endeavor aimed at reducing pollution and minimizing environmental damage has substantial merit and is of 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 agreed with the Director that the record supports a finding that the Petitioner's proposed endeavor aimed at reducing pollution and minimizing environmental damage has substantial merit and is of national importance.
on balance, beneficial to the United States to waive job offer requirement
裁决如何说明
AAO declined to address the third prong because the Petitioner failed to establish the second prong, making further discussion of the balancing factors unnecessary.
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 declined to address the third prong because the Petitioner failed to establish the second prong, making further discussion of the balancing factors unnecessary.
On appeal, the Petitioner did not directly address this criterion, so AAO considered the claim abandoned. AAO independently noted that the evidence showed the commercial success of the Petitioner's artist client, not the Petitioner's own commercial success as a performing artist.
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On appeal, the Petitioner did not directly address this criterion, so AAO considered the claim abandoned. AAO independently noted that the evidence showed the commercial success of the Petitioner's artist client, not the Petitioner's own commercial success as a performing artist.
AAO declined to reach a formal final merits determination because the Petitioner failed to meet at least three criteria at step one, but noted in dicta that the aggregate record does not support a finding of sustained national or international acclaim.
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AAO declined to reach a formal final merits determination because the Petitioner failed to meet at least three criteria at step one, but noted in dicta that the aggregate record does not support a finding of sustained national or international acclaim.