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The petitioner did not pay the full proffered wage of $87,006 in any year from 2008 to 2012, leaving gaps ranging from $3,792.40 to $34,273.20 per year.
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The petitioner did not pay the full proffered wage of $87,006 in any year from 2008 to 2012, leaving gaps ranging from $3,792.40 to $34,273.20 per year.
Exact record locator: findings_long.parquet filename_stem=2013-06-27_05_B5203; source_row=16690 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income sufficient to cover proffered wage shortfall for all sponsored beneficiaries
Why AAO was not persuaded
The petitioner's net income ($12,632 in 2008; $13,051 in 2009; $3,258 in 2010; $13,116 in 2011) was insufficient to cover the shortfalls for the beneficiary alone, and the petitioner failed to supply priority dates and proffered wages for other beneficiaries, preventing a full analysis.
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The petitioner's net income ($12,632 in 2008; $13,051 in 2009; $3,258 in 2010; $13,116 in 2011) was insufficient to cover the shortfalls for the beneficiary alone, and the petitioner failed to supply priority dates and proffered wages for other beneficiaries, preventing a full analysis.
Exact record locator: findings_long.parquet filename_stem=2013-06-27_05_B5203; source_row=16691 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Bona fide and realistic job offer at certified location
Why AAO was not persuaded
The AAO was unpersuaded that the job description language established client-site or remote work, and counsel did not explain the absence of workers at the business location or provide evidence that the petitioner actually operated there.
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The AAO was unpersuaded that the job description language established client-site or remote work, and counsel did not explain the absence of workers at the business location or provide evidence that the petitioner actually operated there.
Exact record locator: findings_long.parquet filename_stem=2013-06-27_05_B5203; source_row=16692 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
60 months of qualifying experience in the job offered
Why AAO was not persuaded
The experience letters on appeal lacked required duty descriptions, were not on company letterhead, and bore uncertified translations; counsel's brief offered only unsupported assertions and did not constitute independent objective evidence sufficient to resolve the inconsistencies identified by the director.
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The experience letters on appeal lacked required duty descriptions, were not on company letterhead, and bore uncertified translations; counsel's brief offered only unsupported assertions and did not constitute independent objective evidence sufficient to resolve the inconsistencies identified by the director.
Exact record locator: findings_long.parquet filename_stem=2013-06-27_01_B5203; source_row=16684 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO affirmed that only degrees from institutions accredited by a regional accrediting agency recognized by DOE and CHEA qualify as advanced degrees under the regulation. California BPPE approval is a lower-level endorsement not guaranteeing nationwide recognition, and SEVP certification and credit acceptance by another unaccredited institution are legally irrelevant to the advanced degree determination.
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AAO affirmed that only degrees from institutions accredited by a regional accrediting agency recognized by DOE and CHEA qualify as advanced degrees under the regulation. California BPPE approval is a lower-level endorsement not guaranteeing nationwide recognition, and SEVP certification and credit acceptance by another unaccredited institution are legally irrelevant to the advanced degree determination.
Exact record locator: findings_long.parquet filename_stem=2013-06-26_02_B5203; source_row=16679 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO did not reach the merits of the ability-to-pay issue because the evidence submitted on motion (the 2010 tax return) was not new and therefore could not serve as a proper basis for reopening.
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AAO did not reach the merits of the ability-to-pay issue because the evidence submitted on motion (the 2010 tax return) was not new and therefore could not serve as a proper basis for reopening.
Exact record locator: findings_long.parquet filename_stem=2013-06-26_03_B5203; source_row=16682 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary experience qualifying per labor certification
What the decision said
AAO did not reach the merits because the degree and transcripts submitted on motion were not new evidence — they were available at the time the director issued the RFE and when the petitioner filed the appeal.
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AAO did not reach the merits because the degree and transcripts submitted on motion were not new evidence — they were available at the time the director issued the RFE and when the petitioner filed the appeal.
Exact record locator: findings_long.parquet filename_stem=2013-06-26_03_B5203; source_row=16683 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary possesses required Master's degree or foreign equivalent
Why AAO was not persuaded
The beneficiary's record did not demonstrate completion of the second year of the Irish Master's program or a thesis defense, the AACRAO evaluation was unsigned and inconsistent with EDGE data, there were unresolved inconsistencies in the conferred date and the major field of study between the labor certification and the degree certificate.
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The beneficiary's record did not demonstrate completion of the second year of the Irish Master's program or a thesis defense, the AACRAO evaluation was unsigned and inconsistent with EDGE data, there were unresolved inconsistencies in the conferred date and the major field of study between the labor certification and the degree certificate.
Exact record locator: findings_long.parquet filename_stem=2013-06-26_01_B5203; source_row=16678 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c