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Beneficiary has required five years of progressive experience by priority date
Why AAO was not persuaded
The AAO raised this issue sua sponte. Multiple employment letters were deficient: one had date discrepancies with the labor certification, one was not from the employing entity, and one lacked ending date, job duties description, and full-time status confirmation. The three creditable letters established less than five years of qualifying experience.
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The AAO raised this issue sua sponte. Multiple employment letters were deficient: one had date discrepancies with the labor certification, one was not from the employing entity, and one lacked ending date, job duties description, and full-time status confirmation. The three creditable letters established less than five years of qualifying experience.
Exact record locator: findings_long.parquet filename_stem=2013-09-04_02_B5203; source_row=16943 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that H.14 of the labor certification expressly permits qualification through a combination of lesser degrees, meaning the position can be filled without a genuine baccalaureate or advanced degree equivalent, precluding EB-2 classification.
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AAO found that H.14 of the labor certification expressly permits qualification through a combination of lesser degrees, meaning the position can be filled without a genuine baccalaureate or advanced degree equivalent, precluding EB-2 classification.
Exact record locator: findings_long.parquet filename_stem=2013-09-04_02_B5203; source_row=16942 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Labor certification valid for area of intended employment / bona fide job offer
Why AAO was not persuaded
The petitioner's own prevailing wage determination responses checked 'no' to travel requirements and multiple worksites, contradicting later claims that the position required travel to various locations. Recruitment materials (except the internet advertisement) did not disclose travel requirements. The labor certification was therefore written for a position inconsistent with the one actually offered, and potential U.S.…
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The petitioner's own prevailing wage determination responses checked 'no' to travel requirements and multiple worksites, contradicting later claims that the position required travel to various locations. Recruitment materials (except the internet advertisement) did not disclose travel requirements. The labor certification was therefore written for a position inconsistent with the one actually offered, and potential U.S. workers were not properly apprised of actual job conditions.
Exact record locator: findings_long.parquet filename_stem=2013-09-04_01_B5203; source_row=16940 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO issued a NOID/RFE noting the petitioner's status was not active in New Jersey. In response, the petitioner submitted only a Connecticut certificate of good standing, failing to demonstrate active status in New Jersey, the location of proposed employment.
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AAO issued a NOID/RFE noting the petitioner's status was not active in New Jersey. In response, the petitioner submitted only a Connecticut certificate of good standing, failing to demonstrate active status in New Jersey, the location of proposed employment.
Exact record locator: findings_long.parquet filename_stem=2013-09-04_01_B5203; source_row=16939 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's net income and net current assets in 2011 fell far short of the $478,035 difference between proffered and actual wages paid across 37 sponsored workers. No Sonegawa factors were established to excuse the shortfall.
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The petitioner's net income and net current assets in 2011 fell far short of the $478,035 difference between proffered and actual wages paid across 37 sponsored workers. No Sonegawa factors were established to excuse the shortfall.
Exact record locator: findings_long.parquet filename_stem=2013-09-04_01_B5203; source_row=16941 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO finds the petitioner did not pay the beneficiary directly during 2004-June 2008, the petitioner's tax returns for those years did not show sufficient net income or net current assets, and evidence regarding affiliated/successor entities (Objectsoft Group, 3i Infotech) is incomplete for 2010 and 2011.…
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AAO finds the petitioner did not pay the beneficiary directly during 2004-June 2008, the petitioner's tax returns for those years did not show sufficient net income or net current assets, and evidence regarding affiliated/successor entities (Objectsoft Group, 3i Infotech) is incomplete for 2010 and 2011. Sonegawa factors do not apply because the petitioner had been formed only four months before petitioning, had filed 172 petitions including 17 I-140s, and showed no special reputational circumstances.
Exact record locator: findings_long.parquet filename_stem=2013-08-30_01_B5203; source_row=16938 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
After reviewing the 2012 W-2 and 2012 Form 1120S, AAO found the petitioner demonstrated sufficient ability to pay from the priority date of April 13, 2012 forward.
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After reviewing the 2012 W-2 and 2012 Form 1120S, AAO found the petitioner demonstrated sufficient ability to pay from the priority date of April 13, 2012 forward.
Exact record locator: findings_long.parquet filename_stem=2013-08-29_01_B5203; source_row=16935 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's foreign bachelor's degree in physical therapy was found equivalent to a U.S. bachelor's degree, and combined with over five years of progressive experience, satisfies the master's degree equivalent standard under 8 C.F.R. § 204.5(k)(2).
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The beneficiary's foreign bachelor's degree in physical therapy was found equivalent to a U.S. bachelor's degree, and combined with over five years of progressive experience, satisfies the master's degree equivalent standard under 8 C.F.R. § 204.5(k)(2).
Exact record locator: findings_long.parquet filename_stem=2013-08-29_01_B5203; source_row=16934 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The employment letter submitted on motion lacked the number of hours worked per week and the employer's address, and did not establish the beneficiary's qualifications as of the November 7, 2010 priority date.
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The employment letter submitted on motion lacked the number of hours worked per week and the employer's address, and did not establish the beneficiary's qualifications as of the November 7, 2010 priority date.
Exact record locator: findings_long.parquet filename_stem=2013-08-29_02_B5203; source_row=16936 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's unaudited (reviewed) financial statements do not satisfy the regulatory requirement for audited financials; the petitioner did not submit tax returns or other evidence on motion and failed to address this issue entirely.
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The petitioner's unaudited (reviewed) financial statements do not satisfy the regulatory requirement for audited financials; the petitioner did not submit tax returns or other evidence on motion and failed to address this issue entirely.
Exact record locator: findings_long.parquet filename_stem=2013-08-29_02_B5203; source_row=16937 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c