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qualifying experience required by labor certification
Why the evidence was persuasive
AAO found the letter described duties consistent with the labor certification and established the Beneficiary met the three-month international refugee law experience requirement. This issue was first raised by AAO in its prior dismissal, not by the Director.
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AAO found the letter described duties consistent with the labor certification and established the Beneficiary met the three-month international refugee law experience requirement. This issue was first raised by AAO in its prior dismissal, not by the Director.
Exact record locator: findings_long.parquet filename_stem=2018-03-05_01_B5203; source_row=22434 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the new evidence established by a preponderance of the evidence that the Petitioner could pay the wage difference in the years in question.
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AAO found that the new evidence established by a preponderance of the evidence that the Petitioner could pay the wage difference in the years in question.
Exact record locator: findings_long.parquet filename_stem=2018-03-05_01_B5203; source_row=22433 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The employer letter showed positive customer service but did not establish the Petitioner's measurable impact on the organization. The record also did not establish that the establishment has a distinguished reputation or quantify business growth attributable to the Petitioner.
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The employer letter showed positive customer service but did not establish the Petitioner's measurable impact on the organization. The record also did not establish that the establishment has a distinguished reputation or quantify business growth attributable to the Petitioner.
Exact record locator: findings_long.parquet filename_stem=2018-02-28_01_B2203; source_row=22424 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO agreed with the Director that the competition award was not shown to be nationally or internationally recognized for excellence in the field. The Appeal-stage Award of Excellence also lacked evidence of national recognition, and the significance of the trophy photograph was unexplained.
Why this is useful
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AAO agreed with the Director that the competition award was not shown to be nationally or internationally recognized for excellence in the field. The Appeal-stage Award of Excellence also lacked evidence of national recognition, and the significance of the trophy photograph was unexplained.
Exact record locator: findings_long.parquet filename_stem=2018-02-28_01_B2203; source_row=22422 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets labor certification experience requirement by priority date
Why AAO was not persuaded
Although the Director did not address the issue, AAO found on de novo review that the Beneficiary could only establish four years and eight months of qualifying experience — less than the five years required — because several employment letters lacked specific duty descriptions and one employer provided no letter at all.
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Although the Director did not address the issue, AAO found on de novo review that the Beneficiary could only establish four years and eight months of qualifying experience — less than the five years required — because several employment letters lacked specific duty descriptions and one employer provided no letter at all.
Exact record locator: findings_long.parquet filename_stem=2018-02-28_01_B5203; source_row=22427 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The Petitioner failed to provide regulatory-required evidence for 2016 (the 2015 return was insufficient and the 2016 return was never received), and the Sonegawa totality-of-circumstances factors were unsupported because the record lacked evidence of business growth, losses, reputation, and staffing context.
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The Petitioner failed to provide regulatory-required evidence for 2016 (the 2015 return was insufficient and the 2016 return was never received), and the Sonegawa totality-of-circumstances factors were unsupported because the record lacked evidence of business growth, losses, reputation, and staffing context.
Exact record locator: findings_long.parquet filename_stem=2018-02-28_01_B5203; source_row=22426 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c