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AAO concurs that the beneficiary's degree from an unaccredited, state-approved institution does not satisfy the regulatory definition of an advanced degree, though it agrees with the petitioner that Matter of Yau does not directly apply.
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AAO concurs that the beneficiary's degree from an unaccredited, state-approved institution does not satisfy the regulatory definition of an advanced degree, though it agrees with the petitioner that Matter of Yau does not directly apply.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_04_B5203; source_row=19320 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner failed to submit evidence to meet the antecedent regulatory requirement of at least three qualifying criteria, and did not explain how salary alone demonstrates exceptional ability.
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The petitioner failed to submit evidence to meet the antecedent regulatory requirement of at least three qualifying criteria, and did not explain how salary alone demonstrates exceptional ability.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_03_B5203; source_row=19318 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO raises ability to pay sua sponte and concludes the petitioner did not provide priority-date evidence or demonstrate Sonegawa factors, and also did not account for combined obligations to a beneficiary of another I-140.
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AAO raises ability to pay sua sponte and concludes the petitioner did not provide priority-date evidence or demonstrate Sonegawa factors, and also did not account for combined obligations to a beneficiary of another I-140.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_04_B5203; source_row=19322 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary only claimed experience as an operating room nurse and registered nurse, not as a nurse supervisor as required by the labor certification. The record does not establish the required experience.
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The beneficiary only claimed experience as an operating room nurse and registered nurse, not as a nurse supervisor as required by the labor certification. The record does not establish the required experience.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_02_B5203; source_row=19316 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The notice submitted on appeal listed a rate of pay of $77,710 per year, below the $77,750 per year on the ETA Form 9089, so it failed to satisfy the posting requirements.
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The notice submitted on appeal listed a rate of pay of $77,710 per year, below the $77,750 per year on the ETA Form 9089, so it failed to satisfy the posting requirements.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_02_B5203; source_row=19313 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Schedule A occupation qualification (nurse supervisor vs. professional nurse)
Why AAO was not persuaded
AAO raised this issue sua sponte. The proffered position of nurse supervisor involves administration of nursing staff with no patient care duties, which is substantially different from the Schedule A occupation of professional nurse. Therefore the position does not qualify for Schedule A classification and requires a certified labor certification.
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AAO raised this issue sua sponte. The proffered position of nurse supervisor involves administration of nursing staff with no patient care duties, which is substantially different from the Schedule A occupation of professional nurse. Therefore the position does not qualify for Schedule A classification and requires a certified labor certification.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_02_B5203; source_row=19314 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner provided only partial information on appeal and notably failed to provide any evidence of wages paid to the other beneficiaries. Additionally, even accounting for the eleven who may have adjusted, the combined proffered wages of the remaining seven exceeded the petitioner's net income and net current assets in both years.
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The petitioner provided only partial information on appeal and notably failed to provide any evidence of wages paid to the other beneficiaries. Additionally, even accounting for the eleven who may have adjusted, the combined proffered wages of the remaining seven exceeded the petitioner's net income and net current assets in both years.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_02_B5203; source_row=19315 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The labor certification's requirement of a bachelor's degree and four years of experience does not satisfy the regulatory definition of 'advanced degree,' which requires either a degree above baccalaureate or a baccalaureate plus five years of progressive experience.
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The labor certification's requirement of a bachelor's degree and four years of experience does not satisfy the regulatory definition of 'advanced degree,' which requires either a degree above baccalaureate or a baccalaureate plus five years of progressive experience.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_03_B5203; source_row=19317 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the Director's ability-to-pay determination from the related petition denial was equally applicable to the instant proceeding, given the same labor certification and the same employer-beneficiary relationships.
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AAO found that the Director's ability-to-pay determination from the related petition denial was equally applicable to the instant proceeding, given the same labor certification and the same employer-beneficiary relationships.
Exact record locator: findings_long.parquet filename_stem=2015-04-29_03_B5203; source_row=19319 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c