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The petitioner's 2012 net income was -$69, which does not cover the proffered wage. The petitioner's line of credit is an unenforceable bank commitment and cannot be added to net income. Depreciable non-current assets are not converted to cash in the ordinary course of business.
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The petitioner's 2012 net income was -$69, which does not cover the proffered wage. The petitioner's line of credit is an unenforceable bank commitment and cannot be added to net income. Depreciable non-current assets are not converted to cash in the ordinary course of business.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_03_B5203; source_row=17346 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The employment verification documents were deficient: one letter failed to specify full-time or part-time status and did not identify its author; two archival certificates failed to describe the beneficiary's duties and did not specify full-time or part-time status. As a result, two full-time years of qualifying work experience were not established.
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The employment verification documents were deficient: one letter failed to specify full-time or part-time status and did not identify its author; two archival certificates failed to describe the beneficiary's duties and did not specify full-time or part-time status. As a result, two full-time years of qualifying work experience were not established.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_03_B5203; source_row=17350 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's current position with the successor has different duties and uses different technologies than the software engineer position certified by DOL, and the successor submitted no documentary evidence that it intends to employ the beneficiary in the offered position.
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The beneficiary's current position with the successor has different duties and uses different technologies than the software engineer position certified by DOL, and the successor submitted no documentary evidence that it intends to employ the beneficiary in the offered position.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_05_B5203; source_row=17354 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Despite limited corroboration, the preponderance of the evidence established that the petitioner merged into the filing corporation effective December 1, 2012.
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Despite limited corroboration, the preponderance of the evidence established that the petitioner merged into the filing corporation effective December 1, 2012.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_05_B5203; source_row=17352 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The filing entity did not produce the petitioner's 2012 annual report, federal tax return, or audited financial statements as required by 8 C.F.R. § 204.5(g)(2), and payroll records cannot substitute for the required documentation.
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The filing entity did not produce the petitioner's 2012 annual report, federal tax return, or audited financial statements as required by 8 C.F.R. § 204.5(g)(2), and payroll records cannot substitute for the required documentation.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_05_B5203; source_row=17353 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Social Sciences
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
The AAO found that establishing the national significance of science education does not mean that the work of one teacher produces benefits that are national in scope. The NYSDOT decision itself cautions that the impact of a single schoolteacher in one elementary school would not be national in scope for NIW purposes.
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The AAO found that establishing the national significance of science education does not mean that the work of one teacher produces benefits that are national in scope. The NYSDOT decision itself cautions that the impact of a single schoolteacher in one elementary school would not be national in scope for NIW purposes.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_12_B5203; source_row=17374 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the petitioner failed to provide any financial documentation in response to the NOID and failed to address the combined wage obligations for its 40+ other pending I-140 petitions, leaving ability to pay unestablished.
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AAO found the petitioner failed to provide any financial documentation in response to the NOID and failed to address the combined wage obligations for its 40+ other pending I-140 petitions, leaving ability to pay unestablished.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_01_B5203; source_row=17341 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
minimum educational requirements of the offered position
Why AAO was not persuaded
Part H.4 of the ETA Form 9089 requires a bachelor's degree; Part H.9 allows a foreign equivalent. Under the plain language, a U.S. bachelor's degree or foreign equivalent is required, and the beneficiary's three-year Indian degree does not qualify.
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Part H.4 of the ETA Form 9089 requires a bachelor's degree; Part H.9 allows a foreign equivalent. Under the plain language, a U.S. bachelor's degree or foreign equivalent is required, and the beneficiary's three-year Indian degree does not qualify.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_01_B5203; source_row=17339 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
good and sufficient cause to revoke based on bona fides of job offer
Why AAO was not persuaded
AAO finds the record does not show the petitioner lacked intent to employ at the relevant times, nor that the beneficiary lacked intent to work for the petitioner when he filed the I-485, so good and sufficient cause to revoke was not established.
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AAO finds the record does not show the petitioner lacked intent to employ at the relevant times, nor that the beneficiary lacked intent to work for the petitioner when he filed the I-485, so good and sufficient cause to revoke was not established.
Exact record locator: findings_long.parquet filename_stem=2013-12-05_07_B5203; source_row=17358 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c