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For 2012 and 2013, the petitioner had negative net income and negative net current assets insufficient to cover the gap between wages paid and proffered wages for all beneficiaries. Reliance on parent company financials triggers additional requirements that the record does not address, necessitating remand.
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For 2012 and 2013, the petitioner had negative net income and negative net current assets insufficient to cover the gap between wages paid and proffered wages for all beneficiaries. Reliance on parent company financials triggers additional requirements that the record does not address, necessitating remand.
Exact record locator: findings_long.parquet filename_stem=2015-03-13_01_B5203; source_row=19169 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the totality of the record, including appeal evidence and NOID responses, established by a preponderance that the beneficiary meets the labor certification's minimum education and experience requirements.
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AAO found that the totality of the record, including appeal evidence and NOID responses, established by a preponderance that the beneficiary meets the labor certification's minimum education and experience requirements.
Exact record locator: findings_long.parquet filename_stem=2015-03-13_01_B5203; source_row=19168 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
continuing ability to pay proffered wage to all sponsored beneficiaries
Why AAO was not persuaded
AAO examined wages paid to the beneficiary, net income, and net current assets against aggregate proffered-wage obligations to all sponsored beneficiaries and found each insufficient. The petitioner failed to produce its 2008 tax return or complete documentation for its other beneficiaries.
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AAO examined wages paid to the beneficiary, net income, and net current assets against aggregate proffered-wage obligations to all sponsored beneficiaries and found each insufficient. The petitioner failed to produce its 2008 tax return or complete documentation for its other beneficiaries.
Exact record locator: findings_long.parquet filename_stem=2015-03-13_02_B5203; source_row=19171 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Per O*NET, OOH, and DOL data, RN does not require even a bachelor's degree as a minimum, so the position is not a profession and does not qualify as an advanced degree professional position. Counsel cited no authority for the Schedule A argument.
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Per O*NET, OOH, and DOL data, RN does not require even a bachelor's degree as a minimum, so the position is not a profession and does not qualify as an advanced degree professional position. Counsel cited no authority for the Schedule A argument.
Exact record locator: findings_long.parquet filename_stem=2015-03-12_02_B5203; source_row=19160 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that even though successor-in-interest was demonstrated, the sole proprietor petitioner had ceased operations and no bona fide offer existed when the petition was filed.
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AAO found that even though successor-in-interest was demonstrated, the sole proprietor petitioner had ceased operations and no bona fide offer existed when the petition was filed.
Exact record locator: findings_long.parquet filename_stem=2015-03-12_02_B5203; source_row=19159 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
successor-in-interest to labor certification applicant
Why AAO was not persuaded
AAO's NOID identified the petitioner's FEIN and the labor certification applicant's FEIN as belonging to separate and distinct organizations, and the petitioner failed to respond.
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AAO's NOID identified the petitioner's FEIN and the labor certification applicant's FEIN as belonging to separate and distinct organizations, and the petitioner failed to respond.
Exact record locator: findings_long.parquet filename_stem=2015-03-12_01_B5203; source_row=19157 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO affirms; EDGE classifies the MBA Empresarial Certificado as a lato-sensus program that does not lead to an academic degree, and prior conflicting evaluations undermine the petitioner's submissions.
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AAO affirms; EDGE classifies the MBA Empresarial Certificado as a lato-sensus program that does not lead to an academic degree, and prior conflicting evaluations undermine the petitioner's submissions.
Exact record locator: findings_long.parquet filename_stem=2015-03-12_03_B5203; source_row=19162 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner failed to submit documentary evidence of specific sales figures or receipts demonstrating commercial success. The mere fact of having recorded and released music or performed before an audience is insufficient without volume-of-sales evidence.
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The petitioner failed to submit documentary evidence of specific sales figures or receipts demonstrating commercial success. The mere fact of having recorded and released music or performed before an audience is insufficient without volume-of-sales evidence.
Exact record locator: findings_long.parquet filename_stem=2015-03-11_01_B2203; source_row=19155 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c