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AAO found the director's analysis was faulty because it used the parent company's financials instead of the petitioner subsidiary's own financials, and improperly discounted and then ignored the CEO's statement. The matter is remanded for proper analysis.
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AAO found the director's analysis was faulty because it used the parent company's financials instead of the petitioner subsidiary's own financials, and improperly discounted and then ignored the CEO's statement. The matter is remanded for proper analysis.
Exact record locator: findings_long.parquet filename_stem=2013-06-06_01_B5203; source_row=16543 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the director failed to address evidence submitted in response to the second NOID, including the offer letter, and remanded for consideration of that evidence.
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AAO found the director failed to address evidence submitted in response to the second NOID, including the offer letter, and remanded for consideration of that evidence.
Exact record locator: findings_long.parquet filename_stem=2013-06-06_01_B5203; source_row=16544 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO concluded that the petitioner's two businesses under one umbrella and expansion plans reasonably support the need for a market research analyst, and the director failed to identify record inconsistencies sufficient to doubt the veracity of the information.
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AAO concluded that the petitioner's two businesses under one umbrella and expansion plans reasonably support the need for a market research analyst, and the director failed to identify record inconsistencies sufficient to doubt the veracity of the information.
Exact record locator: findings_long.parquet filename_stem=2013-06-05_02_B5203; source_row=16530 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's degree copy had liquid paper obscuring text, transcripts were not submitted as required by regulation, and the beneficiary's reported four-month enrollment was implausible given the school's stated 12–24 month minimum program length, precluding a positive determination of qualification.
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The beneficiary's degree copy had liquid paper obscuring text, transcripts were not submitted as required by regulation, and the beneficiary's reported four-month enrollment was implausible given the school's stated 12–24 month minimum program length, precluding a positive determination of qualification.
Exact record locator: findings_long.parquet filename_stem=2013-06-05_02_B5203; source_row=16532 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2010 tax return reporting only $1,889 in wages and salaries for three employees raises doubt about the accuracy of the financial information, and the record lacks evidence of ability to pay from the priority date of May 6, 2011 onward.
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The petitioner's 2010 tax return reporting only $1,889 in wages and salaries for three employees raises doubt about the accuracy of the financial information, and the record lacks evidence of ability to pay from the priority date of May 6, 2011 onward.
Exact record locator: findings_long.parquet filename_stem=2013-06-05_02_B5203; source_row=16531 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's three-year Bachelor of Commerce degree is not a foreign equivalent to a U.S. baccalaureate degree under Matter of Shah and EDGE/AACRAO resources. The three submitted credential evaluations reached inconsistent conclusions and were therefore unpersuasive. Combining lesser degrees or work experience with education produces only an 'equivalent' rather than a foreign equivalent degree.
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The beneficiary's three-year Bachelor of Commerce degree is not a foreign equivalent to a U.S. baccalaureate degree under Matter of Shah and EDGE/AACRAO resources. The three submitted credential evaluations reached inconsistent conclusions and were therefore unpersuasive. Combining lesser degrees or work experience with education produces only an 'equivalent' rather than a foreign equivalent degree.
Exact record locator: findings_long.parquet filename_stem=2013-06-05_03_B5203; source_row=16533 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The duplicate certified ETA Form 9089 was unsigned by all required parties (employer, beneficiary, attorney/agent), which independently bars approval under 20 C.F.R. § 656.17(a)(1).
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The duplicate certified ETA Form 9089 was unsigned by all required parties (employer, beneficiary, attorney/agent), which independently bars approval under 20 C.F.R. § 656.17(a)(1).
Exact record locator: findings_long.parquet filename_stem=2013-06-05_03_B5203; source_row=16536 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of progressive experience as required by labor certification
Why AAO was not persuaded
The experience letters were deficient: one did not describe the beneficiary's duties and listed a conflicting location; another was dated before the beneficiary's stated end-date of employment; and a third failed to describe duties. These discrepancies undermined the veracity of the submitted evidence, and the petitioner failed to submit updated or corrective letters in response to the RFE/NOID.
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The experience letters were deficient: one did not describe the beneficiary's duties and listed a conflicting location; another was dated before the beneficiary's stated end-date of employment; and a third failed to describe duties. These discrepancies undermined the veracity of the submitted evidence, and the petitioner failed to submit updated or corrective letters in response to the RFE/NOID.
Exact record locator: findings_long.parquet filename_stem=2013-06-05_03_B5203; source_row=16534 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2011 net income of $54,913 and net current assets of $401,802 were insufficient to cover the proffered wage for the beneficiary and all other sponsored beneficiaries. The petitioner failed to show wages paid to this beneficiary and provided incomplete, inconsistent information about other petitions.
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The petitioner's 2011 net income of $54,913 and net current assets of $401,802 were insufficient to cover the proffered wage for the beneficiary and all other sponsored beneficiaries. The petitioner failed to show wages paid to this beneficiary and provided incomplete, inconsistent information about other petitions.
Exact record locator: findings_long.parquet filename_stem=2013-06-05_03_B5203; source_row=16535 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
advanced degree or equivalent (bachelor's + 5 years progressive experience)
Why the evidence was persuasive
Relying on EDGE and the Trustforte evaluations, AAO found the DOEACC 'B' Level Master's Diploma comparable to a U.S. bachelor's degree, and the employment verification letters established five years and five months of progressive experience in the specialty.
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Relying on EDGE and the Trustforte evaluations, AAO found the DOEACC 'B' Level Master's Diploma comparable to a U.S. bachelor's degree, and the employment verification letters established five years and five months of progressive experience in the specialty.
Exact record locator: findings_long.parquet filename_stem=2013-06-05_01_B5203; source_row=16529 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c