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AAO agreed the petitioner failed to establish ability to pay because the wages paid were $71,260 below the proffered wage, requested tax returns/audited financial statements were not produced, and the record contained unresolved inconsistencies about the number of employees.
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AAO agreed the petitioner failed to establish ability to pay because the wages paid were $71,260 below the proffered wage, requested tax returns/audited financial statements were not produced, and the record contained unresolved inconsistencies about the number of employees.
Exact record locator: findings_long.parquet filename_stem=2013-07-26_02_B5203; source_row=16823 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income sufficient to cover difference between wages paid and proffered wage
Why AAO was not persuaded
The 2011 tax return (covering the period including the priority date) showed net income of only $16,601, which is insufficient to cover the difference between the actual wage paid and the proffered wage.
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The 2011 tax return (covering the period including the priority date) showed net income of only $16,601, which is insufficient to cover the difference between the actual wage paid and the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2013-07-26_04_B5203; source_row=16826 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets sufficient to cover proffered wage
Why AAO was not persuaded
The petitioner's net current assets for the fiscal year including the priority date were negative at -$27,516, which is insufficient to demonstrate ability to pay the proffered wage.
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The petitioner's net current assets for the fiscal year including the priority date were negative at -$27,516, which is insufficient to demonstrate ability to pay the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2013-07-26_04_B5203; source_row=16827 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Totality of circumstances under Matter of Sonegawa
Why AAO was not persuaded
Over ten years, only one fiscal year had net income or net current assets exceeding the proffered wage. No evidence showed the sole shareholder was willing to forego officer compensation, no evidence of the petitioner's industry reputation was submitted, and the bank statements did not demonstrate sustainable ability to pay. The totality of circumstances did not support a finding of ability to pay.
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Over ten years, only one fiscal year had net income or net current assets exceeding the proffered wage. No evidence showed the sole shareholder was willing to forego officer compensation, no evidence of the petitioner's industry reputation was submitted, and the bank statements did not demonstrate sustainable ability to pay. The totality of circumstances did not support a finding of ability to pay.
Exact record locator: findings_long.parquet filename_stem=2013-07-26_04_B5203; source_row=16828 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Wages paid to beneficiary equal to or exceeding proffered wage
Why AAO was not persuaded
The petitioner submitted a 2012 W-2 showing the beneficiary was paid $89,496, which is less than the proffered wage of $120,000, so the petitioner must demonstrate ability to pay the $30,504 difference.
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The petitioner submitted a 2012 W-2 showing the beneficiary was paid $89,496, which is less than the proffered wage of $120,000, so the petitioner must demonstrate ability to pay the $30,504 difference.
Exact record locator: findings_long.parquet filename_stem=2013-07-26_04_B5203; source_row=16825 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary possesses experience required by labor certification
Why AAO was not persuaded
Discrepancies between the two employer letters and the ETA Form 9089 regarding dates and titles, and the absence of full-time/part-time designation, were not resolved.
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Discrepancies between the two employer letters and the ETA Form 9089 regarding dates and titles, and the absence of full-time/part-time designation, were not resolved.
Exact record locator: findings_long.parquet filename_stem=2013-07-26_01_B5203; source_row=16821 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWNIW · Well positionedNot establishedAutomated extraction · broader context
Case facts
Mathematics / StatisticsFaculty
Issue evaluated
NIW · Well positioned
national in scope
Why AAO was not persuaded
AAO concluded that the benefits of a high school teacher's work are limited to her local students and school and do not extend nationally; aggregate national effects from many teachers do not give national scope to one teacher's work.
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AAO concluded that the benefits of a high school teacher's work are limited to her local students and school and do not extend nationally; aggregate national effects from many teachers do not give national scope to one teacher's work.
Exact record locator: findings_long.parquet filename_stem=2013-07-26_08_B5203; source_row=16836 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c