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AAO withdrew the director's experience finding, holding that the 5-year experience listed in question 8-C is part of an alternative combination of education and experience and is not supplemental to the 3-year requirement in question 6.
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AAO withdrew the director's experience finding, holding that the 5-year experience listed in question 8-C is part of an alternative combination of education and experience and is not supplemental to the 3-year requirement in question 6.
Exact record locator: findings_long.parquet filename_stem=2013-05-28_01_B5203; source_row=16492 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary's degree in major field listed on labor certification
Why AAO was not persuaded
AAO held that USCIS must apply the plain language of the ETA Form 9089, which designated 'education' as the field of study and indicated that no alternate field was acceptable; the beneficiary's chemical engineering degree therefore does not satisfy the labor certification.
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AAO held that USCIS must apply the plain language of the ETA Form 9089, which designated 'education' as the field of study and indicated that no alternate field was acceptable; the beneficiary's chemical engineering degree therefore does not satisfy the labor certification.
Exact record locator: findings_long.parquet filename_stem=2013-05-28_01_B5203; source_row=16491 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses minimum education on ETA Form 9089 as of priority date
Why AAO was not persuaded
AAO affirmed that the beneficiary did not meet the labor certification's bachelor's degree requirement because a three-year Indian bachelor's degree is not a foreign equivalent degree.
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AAO affirmed that the beneficiary did not meet the labor certification's bachelor's degree requirement because a three-year Indian bachelor's degree is not a foreign equivalent degree.
Exact record locator: findings_long.parquet filename_stem=2013-05-28_02_B5203; source_row=16494 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2010 Form 1120S showed net income of $18,794 and net current assets of $7,131, both well below the proffered wage of $114,296. Bank statements were rejected as insufficient because they are not enumerated evidence under 8 C.F.R. § 204.5(g)(2), cannot demonstrate sustainable ability to pay, and the petitioner did not show the funds reflected amounts beyond those already captured in the tax return.…
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The petitioner's 2010 Form 1120S showed net income of $18,794 and net current assets of $7,131, both well below the proffered wage of $114,296. Bank statements were rejected as insufficient because they are not enumerated evidence under 8 C.F.R. § 204.5(g)(2), cannot demonstrate sustainable ability to pay, and the petitioner did not show the funds reflected amounts beyond those already captured in the tax return. The totality of circumstances, including multiple pending petitions, further undermined the petitioner's showing.
Exact record locator: findings_long.parquet filename_stem=2013-05-28_04_B5203; source_row=16496 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Final meritsEstablishedAutomated extraction · broader context
Case facts
Business / Management
Issue evaluated
EB-1A · Final merits
final merits determination
Why the evidence was persuasive
The AAO found the totality of evidence demonstrates sustained national or international acclaim and that the petitioner is at the very top of the business field, relying on published descriptions of the petitioner as a 'legend' and 'godfather of Chinese flooring,' his entrepreneurial achievements, and his leadership of a college.
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The AAO found the totality of evidence demonstrates sustained national or international acclaim and that the petitioner is at the very top of the business field, relying on published descriptions of the petitioner as a 'legend' and 'godfather of Chinese flooring,' his entrepreneurial achievements, and his leadership of a college.
Exact record locator: findings_long.parquet filename_stem=2013-05-24_01_B2203; source_row=16489 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c