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This expanded collection favors source-backed access over perfect automated classification. Fields, labels, summaries, and relevance may contain errors; records marked ‘broader context’ need extra care. Review the cited source before relying on any record. These appeals and motions do not show approval odds or denial rates, and are not legal advice or a prediction.
single foreign equivalent degree to U.S. baccalaureate plus five years progressive experience
Why AAO was not persuaded
AAO agreed that the credential evaluations relied on a 3-for-1 experience-to-education equivalence applicable only to H-1B nonimmigrant cases, not immigrant petitions, and that work experience cannot substitute for a single foreign equivalent degree.
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AAO agreed that the credential evaluations relied on a 3-for-1 experience-to-education equivalence applicable only to H-1B nonimmigrant cases, not immigrant petitions, and that work experience cannot substitute for a single foreign equivalent degree.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_01_B5203; source_row=22503 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The financial statements were not independently audited, making them likely management representations that lack the reliability of audited statements or tax returns signed under penalty of perjury.
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The financial statements were not independently audited, making them likely management representations that lack the reliability of audited statements or tax returns signed under penalty of perjury.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_03_B5203; source_row=22512 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner did not establish that the bank funds represent unconsidered net current assets separate from those already reflected on the 2015 tax return, so they do not add anything to the ability-to-pay analysis.
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The Petitioner did not establish that the bank funds represent unconsidered net current assets separate from those already reflected on the 2015 tax return, so they do not add anything to the ability-to-pay analysis.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_03_B5203; source_row=22513 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possession of required experience by priority date
Why AAO was not persuaded
Only 16 months of experience was documented from one former employer. The second employer's experience lacked a proper verification letter, and the coworker affidavit lacked independent corroboration. The Petitioner's own employment of the Beneficiary could not be counted without proof of a substantially different position or impracticality of training. The combined documented experience fell short of three years.
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Only 16 months of experience was documented from one former employer. The second employer's experience lacked a proper verification letter, and the coworker affidavit lacked independent corroboration. The Petitioner's own employment of the Beneficiary could not be counted without proof of a substantially different position or impracticality of training. The combined documented experience fell short of three years.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_03_B5203; source_row=22516 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The record does not include documentation of accounts receivable to corroborate the CFO's claim. The CFO's omission of over $2.7 million in current liabilities was unsupported, and the claim that those liabilities were not due within a year contradicts how they were categorized on the tax returns.
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The record does not include documentation of accounts receivable to corroborate the CFO's claim. The CFO's omission of over $2.7 million in current liabilities was unsupported, and the claim that those liabilities were not due within a year contradicts how they were categorized on the tax returns.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_03_B5203; source_row=22511 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Although the Petitioner has been in business since 1992 and had 91 employees with slight revenue growth, it did not demonstrate uncharacteristic losses or expenses, an outstanding industry reputation, or the Beneficiary's replacement of a current employee, as present in Sonegawa. The need to cover multiple beneficiaries' wages further distinguishes the case.
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Although the Petitioner has been in business since 1992 and had 91 employees with slight revenue growth, it did not demonstrate uncharacteristic losses or expenses, an outstanding industry reputation, or the Beneficiary's replacement of a current employee, as present in Sonegawa. The need to cover multiple beneficiaries' wages further distinguishes the case.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_03_B5203; source_row=22515 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay combined proffered wages of multiple beneficiaries
Why AAO was not persuaded
USCIS records show the Petitioner filed multiple I-140 petitions. The Petitioner must demonstrate ability to pay the combined proffered wages of this and other applicable petitions, but failed to provide the required documentation.
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USCIS records show the Petitioner filed multiple I-140 petitions. The Petitioner must demonstrate ability to pay the combined proffered wages of this and other applicable petitions, but failed to provide the required documentation.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_03_B5203; source_row=22514 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Successor in interest / labor certification validity
Why AAO was not persuaded
The bill of sale did not specify assets acquired, and the record failed to establish the company's acquisition of the rights and obligations necessary to continue the Petitioner's business, or that the job opportunity was unchanged, or that the successor could pay the proffered wage.
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The bill of sale did not specify assets acquired, and the record failed to establish the company's acquisition of the rights and obligations necessary to continue the Petitioner's business, or that the job opportunity was unchanged, or that the successor could pay the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_03_B5203; source_row=22517 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner's tax returns for 2014 and 2015 reflect negative net income and negative net current assets, which do not demonstrate ability to pay the shortfall in either year.
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The Petitioner's tax returns for 2014 and 2015 reflect negative net income and negative net current assets, which do not demonstrate ability to pay the shortfall in either year.
Exact record locator: findings_long.parquet filename_stem=2018-03-26_03_B5203; source_row=22509 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c