The new letter describes mentoring duties — overseeing reading projects, providing weekly feedback — but does not show that the Petitioner judged students' end-of-quarter presentations or that such judging is part of mentors' roles.
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The new letter describes mentoring duties — overseeing reading projects, providing weekly feedback — but does not show that the Petitioner judged students' end-of-quarter presentations or that such judging is part of mentors' roles.
AAO held that comparable evidence is unavailable when the petitioner's occupation is not unusual with respect to the ten criteria. Because the Petitioner addressed six of the ten criteria on appeal, his occupation was not one for which the standard criteria do not readily apply. Moreover, a single seminar flyer was insufficient to be comparable to a scholarly article.
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AAO held that comparable evidence is unavailable when the petitioner's occupation is not unusual with respect to the ten criteria. Because the Petitioner addressed six of the ten criteria on appeal, his occupation was not one for which the standard criteria do not readily apply. Moreover, a single seminar flyer was insufficient to be comparable to a scholarly article.
Both the Director and AAO agreed that the Petitioner received lesser nationally and internationally recognized awards for excellence, satisfying this criterion.
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Both the Director and AAO agreed that the Petitioner received lesser nationally and internationally recognized awards for excellence, satisfying this criterion.
Exception for prior submission of original labor certification with earlier Form I-140
裁决如何说明
AAO found the new appeal evidence material to the Petitioner's claim that it had filed an original labor certification with a prior I-140, but noted the Director had not yet reviewed this evidence and denied without issuing an RFE or NOID. AAO declined to resolve the issue and remanded for the Director to evaluate the evidence.
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AAO found the new appeal evidence material to the Petitioner's claim that it had filed an original labor certification with a prior I-140, but noted the Director had not yet reviewed this evidence and denied without issuing an RFE or NOID. AAO declined to resolve the issue and remanded for the Director to evaluate the evidence.
leading or critical role for organizations or establishments with a distinguished reputation
AAO 为什么未被说服
While AAO agreed the Petitioner had a leading role at her own studio since she founded and ran it, she failed to establish that the studio itself has a distinguished reputation. The identification of some clients does not establish distinguished reputation without further documentation showing how and why clients chose the studio or what projects it undertook.
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While AAO agreed the Petitioner had a leading role at her own studio since she founded and ran it, she failed to establish that the studio itself has a distinguished reputation. The identification of some clients does not establish distinguished reputation without further documentation showing how and why clients chose the studio or what projects it undertook.
published material in professional or major trade publications or other major media
AAO 为什么未被说服
The Petitioner failed to provide circulation data or other evidence establishing that the publications qualify as major. Specialized subject matter establishes that Deco & Arquitectura is a trade publication, but not every trade publication is a major one. Additionally, the article from La Cara Buena del Mundo was dated after the petition's filing date, making it ineligible.…
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The Petitioner failed to provide circulation data or other evidence establishing that the publications qualify as major. Specialized subject matter establishes that Deco & Arquitectura is a trade publication, but not every trade publication is a major one. Additionally, the article from La Cara Buena del Mundo was dated after the petition's filing date, making it ineligible. The burden is on the Petitioner to establish that the publications are major.
AAO concluded that because the Petitioner failed to identify a specific or consistent proposed endeavor, it could not evaluate substantial merit and national importance.
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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 concluded that because the Petitioner failed to identify a specific or consistent proposed endeavor, it could not evaluate substantial merit and national importance.
The Petitioner submitted an accountant letter showing 2015 remuneration and a salary printout for a different year period. The evidence must show the salary is indicative of claimed exceptional ability; without additional documentation, this criterion is not met. AAO also noted the Petitioner did not explain the reliance on 2015 salary versus the different year's comparative data.
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The Petitioner submitted an accountant letter showing 2015 remuneration and a salary printout for a different year period. The evidence must show the salary is indicative of claimed exceptional ability; without additional documentation, this criterion is not met. AAO also noted the Petitioner did not explain the reliance on 2015 salary versus the different year's comparative data.