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10,847 decisions /36,849 findings
Showing 21081–21090
NIWNIW · EB-2 baselineNot established
Case facts
Mechanical / Manufacturing Engineering
Issue evaluated
NIW · EB-2 baseline
labor certification requires a professional holding an advanced degree
Why AAO was not persuaded
AAO agreed the labor certification's alternate combination of education and experience permits qualification with less than a single Bachelor's degree plus five years of progressive experience, so the offered position does not require an advanced degree.
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AAO agreed the labor certification's alternate combination of education and experience permits qualification with less than a single Bachelor's degree plus five years of progressive experience, so the offered position does not require an advanced degree.
Exact record locator: findings_long.parquet filename_stem=2013-08-15_01_B5203; source_row=16896 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary's qualifying experience under labor certification
Why AAO was not persuaded
Three labor certifications, multiple employer letters, four LCAs, two G-325As, and the beneficiary's resume conflict as to whether he was an IT Manager or a programmer analyst at the petitioner and prior employers. The record lacks competent objective evidence reconciling these inconsistencies.
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Three labor certifications, multiple employer letters, four LCAs, two G-325As, and the beneficiary's resume conflict as to whether he was an IT Manager or a programmer analyst at the petitioner and prior employers. The record lacks competent objective evidence reconciling these inconsistencies.
Exact record locator: findings_long.parquet filename_stem=2013-08-15_03_B5203; source_row=16898 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's wage evidence does not isolate post-priority-date earnings from pre-priority-date earnings, and the record lacks pay stubs covering the full remainder of 2011. USCIS will not prorate based on incomplete evidence.
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The petitioner's wage evidence does not isolate post-priority-date earnings from pre-priority-date earnings, and the record lacks pay stubs covering the full remainder of 2011. USCIS will not prorate based on incomplete evidence.
Exact record locator: findings_long.parquet filename_stem=2013-08-15_04_B5203; source_row=16902 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Degree in required field (public relations, English, or journalism)
Why AAO was not persuaded
Neither the beneficiary's bachelor's degree certificate nor the faculty letter specifies that the degree was in public relations, English, or journalism, as required by the labor certification.
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Neither the beneficiary's bachelor's degree certificate nor the faculty letter specifies that the degree was in public relations, English, or journalism, as required by the labor certification.
Exact record locator: findings_long.parquet filename_stem=2013-08-15_04_B5203; source_row=16901 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's three-year South African BA is comparable only to three years of U.S. university study per AACRAO EDGE; neither the evaluations submitted nor the combination of lesser credentials can substitute for a single foreign equivalent degree; and the H-1B experience-for-education equivalency is inapplicable to immigrant visa petitions.
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The beneficiary's three-year South African BA is comparable only to three years of U.S. university study per AACRAO EDGE; neither the evaluations submitted nor the combination of lesser credentials can substitute for a single foreign equivalent degree; and the H-1B experience-for-education equivalency is inapplicable to immigrant visa petitions.
Exact record locator: findings_long.parquet filename_stem=2013-08-15_04_B5203; source_row=16900 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner failed to respond to the RFE with the requested evidence. New evidence offered for the first time on appeal would not be accepted. Additionally, the plain language of criterion (i) requires more than one prize or award (plural), so even satisfactory evidence about a single award would be insufficient.
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The petitioner failed to respond to the RFE with the requested evidence. New evidence offered for the first time on appeal would not be accepted. Additionally, the plain language of criterion (i) requires more than one prize or award (plural), so even satisfactory evidence about a single award would be insufficient.
Exact record locator: findings_long.parquet filename_stem=2013-08-08_01_B2203; source_row=16885 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
display of work at artistic exhibitions or showcases
Why AAO was not persuaded
The AAO disagreed with the director, finding criterion (vii) is limited to visual artists. Because the petitioner is a performing musician and not a visual artist, his performances do not qualify as display of work at artistic exhibitions or showcases.
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The AAO disagreed with the director, finding criterion (vii) is limited to visual artists. Because the petitioner is a performing musician and not a visual artist, his performances do not qualify as display of work at artistic exhibitions or showcases.
Exact record locator: findings_long.parquet filename_stem=2013-08-08_01_B2203; source_row=16890 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
Counsel incorrectly claimed the director failed to consider the MAN letter; both director decisions quoted it directly. On appeal, counsel merely repeated prior claims without identifying errors of law or fact, so the issue was abandoned.
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Counsel incorrectly claimed the director failed to consider the MAN letter; both director decisions quoted it directly. On appeal, counsel merely repeated prior claims without identifying errors of law or fact, so the issue was abandoned.
Exact record locator: findings_long.parquet filename_stem=2013-08-08_01_B2203; source_row=16886 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c