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bachelor's degree plus five years progressive post-baccalaureate experience equivalency
Why AAO was not persuaded
AAO agreed the Brazilian Bacharel em Administracao is equivalent to a U.S. bachelor's in business administration, but concluded the Beneficiary fell short of the five years of progressive post-baccalaureate experience needed to constitute the equivalent of a master's degree.
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AAO agreed the Brazilian Bacharel em Administracao is equivalent to a U.S. bachelor's in business administration, but concluded the Beneficiary fell short of the five years of progressive post-baccalaureate experience needed to constitute the equivalent of a master's degree.
Exact record locator: findings_long.parquet filename_stem=2020-10-01_05_B5203; source_row=26385 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of qualifying experience meeting labor certification requirements
Why AAO was not persuaded
The AAO found deficiencies in the documentation for all seven prior employers: conflicting job titles without explanation, employment letters lacking specific duty descriptions as required by 8 C.F.R. § 204.5(g)(1), unverified authorship credentials, and letters suggesting independent contractor status.…
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The AAO found deficiencies in the documentation for all seven prior employers: conflicting job titles without explanation, employment letters lacking specific duty descriptions as required by 8 C.F.R. § 204.5(g)(1), unverified authorship credentials, and letters suggesting independent contractor status. Though the AAO disagreed with the Director's use of 'missing skills' as a per-employer ground for denial, it independently concluded that the Beneficiary did not establish five years of qualifying experience.
Exact record locator: findings_long.parquet filename_stem=2020-10-01_01_B5203; source_row=26378 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO identified an inconsistency: the labor certification states the Beneficiary's qualifying experience was gained in Virginia, but the experience letter bears a letterhead with an India address and does not mention Virginia. AAO instructed the Director to require the Petitioner to resolve this inconsistency on remand with independent, objective evidence.
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AAO identified an inconsistency: the labor certification states the Beneficiary's qualifying experience was gained in Virginia, but the experience letter bears a letterhead with an India address and does not mention Virginia. AAO instructed the Director to require the Petitioner to resolve this inconsistency on remand with independent, objective evidence.
Exact record locator: findings_long.parquet filename_stem=2020-10-01_06_B5203; source_row=26387 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
five years of qualifying post-baccalaureate experience under labor certification alternate requirements
Why AAO was not persuaded
AAO conducted a de novo review of the Expatriation Contract submitted on appeal and concluded its provisions — including assignment of supervision to the Petitioner's Senior Purchasing Manager, payment of salary by the Petitioner from March 1, 2015, and the express designation of the Brazilian employment agreement as 'dormant' — show the Petitioner became the Beneficiary's employer in 2015.…
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AAO conducted a de novo review of the Expatriation Contract submitted on appeal and concluded its provisions — including assignment of supervision to the Petitioner's Senior Purchasing Manager, payment of salary by the Petitioner from March 1, 2015, and the express designation of the Brazilian employment agreement as 'dormant' — show the Petitioner became the Beneficiary's employer in 2015. The Beneficiary therefore had only about 2.5 years of qualifying experience, not five.
Exact record locator: findings_long.parquet filename_stem=2020-10-01_05_B5203; source_row=26384 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO rejects the new wage evidence as conflicting with prior sworn statements on the labor certification and Form G-325A and as not constituting 'new facts.' The shareholder's claimed $25,000 forbearance is unsupported by evidence of personal expenses and, even if accepted, insufficient.…
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AAO rejects the new wage evidence as conflicting with prior sworn statements on the labor certification and Form G-325A and as not constituting 'new facts.' The shareholder's claimed $25,000 forbearance is unsupported by evidence of personal expenses and, even if accepted, insufficient. The asserted uncharacteristic expenses are recurring in nature and do not parallel Sonegawa's moving-related expenses, and the Petitioner failed to show a post-2016 rebound or to submit 2017-2019 financial documentation.
Exact record locator: findings_long.parquet filename_stem=2020-10-01_02_B5203; source_row=26379 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Although not addressed by the Director, AAO found the record deficient: the Petitioner provided a CFO letter but no 2019 financial documents, the 2016–2017 audited statements are outdated, and the Petitioner must also account for wage obligations to other I-140 beneficiaries. AAO directed the Director to request additional evidence on remand.
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Although not addressed by the Director, AAO found the record deficient: the Petitioner provided a CFO letter but no 2019 financial documents, the 2016–2017 audited statements are outdated, and the Petitioner must also account for wage obligations to other I-140 beneficiaries. AAO directed the Director to request additional evidence on remand.
Exact record locator: findings_long.parquet filename_stem=2020-10-01_04_B5203; source_row=26383 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets educational requirement of labor certification
Why AAO was not persuaded
AAO found the Director's decision deficient because he failed to explain why the submitted evidence—including two letters and the Beneficiary's transcripts—was insufficient, and did not address relevant coursework or the graduate thesis. AAO remanded rather than deciding the merits itself.
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AAO found the Director's decision deficient because he failed to explain why the submitted evidence—including two letters and the Beneficiary's transcripts—was insufficient, and did not address relevant coursework or the graduate thesis. AAO remanded rather than deciding the merits itself.
Exact record locator: findings_long.parquet filename_stem=2020-10-01_04_B5203; source_row=26382 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Beneficiary holds only a foreign equivalent of a U.S. bachelor's degree in nursing and approximately 45 months of experience, which is insufficient to establish qualification as an advanced degree professional under 8 C.F.R. § 204.5(k)(2).
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The Beneficiary holds only a foreign equivalent of a U.S. bachelor's degree in nursing and approximately 45 months of experience, which is insufficient to establish qualification as an advanced degree professional under 8 C.F.R. § 204.5(k)(2).
Exact record locator: findings_long.parquet filename_stem=2020-09-30_01_B5203; source_row=26377 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Beneficiary's combined qualifying experience as documented by the experience letter totaled only approximately 45 months, which fell short of the 60 months required by the labor certification as of the priority date.
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The Beneficiary's combined qualifying experience as documented by the experience letter totaled only approximately 45 months, which fell short of the 60 months required by the labor certification as of the priority date.
Exact record locator: findings_long.parquet filename_stem=2020-09-30_01_B5203; source_row=26376 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c