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The petitioner's own credentialing evidence showed no change in physical therapy educational requirements since 2001, undercutting counsel's evolving-standards argument. The unsupported assertions of counsel do not constitute evidence, and no objective proof reconciled the inconsistency between the two petitions.
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The petitioner's own credentialing evidence showed no change in physical therapy educational requirements since 2001, undercutting counsel's evolving-standards argument. The unsupported assertions of counsel do not constitute evidence, and no objective proof reconciled the inconsistency between the two petitions.
Exact record locator: findings_long.parquet filename_stem=2013-05-22_08_B5203; source_row=16458 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary holds foreign equivalent of U.S. master's degree in Physical Therapy
Why AAO was not persuaded
The beneficiary's own sworn statements on the two ETA Forms 9089 were contradictory—claiming bachelor's level in the first and master's level in the second. The revised credential evaluation offered no explanation for its changed conclusion, contained internal credit-count inconsistencies, and was contradicted by a prior evaluation.…
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The beneficiary's own sworn statements on the two ETA Forms 9089 were contradictory—claiming bachelor's level in the first and master's level in the second. The revised credential evaluation offered no explanation for its changed conclusion, contained internal credit-count inconsistencies, and was contradicted by a prior evaluation. The 'grandfathered' baccalaureate degree argument was rejected as legally insufficient to elevate a bachelor's degree to master's equivalency.
Exact record locator: findings_long.parquet filename_stem=2013-05-22_08_B5203; source_row=16459 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO issued an RFE requesting ability-to-pay evidence for 2010–2012, but the petitioner did not respond, and the RFE notice sent to the petitioner was returned as undeliverable. Failure to respond to an RFE that precludes a material line of inquiry warrants denial under 8 C.F.R. § 103.2(b)(14).
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The AAO issued an RFE requesting ability-to-pay evidence for 2010–2012, but the petitioner did not respond, and the RFE notice sent to the petitioner was returned as undeliverable. Failure to respond to an RFE that precludes a material line of inquiry warrants denial under 8 C.F.R. § 103.2(b)(14).
Exact record locator: findings_long.parquet filename_stem=2013-05-22_14_B5203; source_row=16482 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO confirmed that the petitioner paid the beneficiary only $75,712.50 in 2011 against a proffered wage of $161,013; had net income of only $16,422; and had negative net current assets of -$426,124. The HR Manager's letter lacked probative value because it was not from a financial officer as required by regulation.…
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AAO confirmed that the petitioner paid the beneficiary only $75,712.50 in 2011 against a proffered wage of $161,013; had net income of only $16,422; and had negative net current assets of -$426,124. The HR Manager's letter lacked probative value because it was not from a financial officer as required by regulation. The argument to add 'loans to shareholders' to current assets was rejected because that line item is not within Schedule L lines 1–6 defining current assets. Totality of circumstances under Sonegawa also failed.
Exact record locator: findings_long.parquet filename_stem=2013-05-22_06_B5203; source_row=16454 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets education stated on ETA Form 9089
Why AAO was not persuaded
AAO agrees the beneficiary does not meet the labor certification's stated master's-degree requirement and notes USCIS may not ignore terms on a labor certification or impose alternatives.
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AAO agrees the beneficiary does not meet the labor certification's stated master's-degree requirement and notes USCIS may not ignore terms on a labor certification or impose alternatives.
Exact record locator: findings_long.parquet filename_stem=2013-05-22_04_B5203; source_row=16451 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's own affidavit was self-serving and insufficient. While documentary evidence established restaurant ownership and investment activity for three years (2007–2010), no tax returns or bank statements were submitted to cover 2005 and 2006, leaving the five-year qualifying experience requirement unmet as of the May 31, 2011 priority date.
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The beneficiary's own affidavit was self-serving and insufficient. While documentary evidence established restaurant ownership and investment activity for three years (2007–2010), no tax returns or bank statements were submitted to cover 2005 and 2006, leaving the five-year qualifying experience requirement unmet as of the May 31, 2011 priority date.
Exact record locator: findings_long.parquet filename_stem=2013-05-22_12_B5203; source_row=16479 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner failed to provide the required tax returns for 2011 and 2012 despite multiple requests, and the submitted alternative evidence (Form 941, payroll journal, and owner letter) was insufficient under the regulatory framework. Without documentary evidence of net income or net current assets, and with no evidence the beneficiary was employed and paid by the petitioner, the ability to pay was not established.
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The petitioner failed to provide the required tax returns for 2011 and 2012 despite multiple requests, and the submitted alternative evidence (Form 941, payroll journal, and owner letter) was insufficient under the regulatory framework. Without documentary evidence of net income or net current assets, and with no evidence the beneficiary was employed and paid by the petitioner, the ability to pay was not established.
Exact record locator: findings_long.parquet filename_stem=2013-05-22_12_B5203; source_row=16478 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Recognition for achievements/contributions (8 C.F.R. § 204.5(k)(3)(ii)(F))
Why AAO was not persuaded
Letters that referenced post-filing events were excluded under Matter of Katigbak, and the remaining letters did not identify recognition of achievement or significant contributions to the industry.
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Letters that referenced post-filing events were excluded under Matter of Katigbak, and the remaining letters did not identify recognition of achievement or significant contributions to the industry.
Exact record locator: findings_long.parquet filename_stem=2013-05-22_09_B5203; source_row=16464 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c