To narrowly interpret the statue:
1. tenured(or tenure-track) in research university.
2. comparable permanent position as 1 in university
3. permanent position in industry.
If you are 1 in university or 3 in industry, the tenured requirement is not a problem. If you are 2. AAO repeatly cited that it should be COMPARABLE to tenured position, which is impossible.
Take federal government for example, the ONLY type of job that fits such narrow "tenured" requirement is federal judge (district through supreme justice). No other job can qualify.