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beneficiary possesses at least a bachelor's degree in the major field listed on the ETA Form 9089
Why AAO was not persuaded
AAO concluded the credentials evaluation finds equivalency only to a U.S. bachelor's in pharmaceutical studies, not in computer science as required by the labor certification, and the petitioner answered 'no' to acceptance of an alternate field of study.
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AAO concluded the credentials evaluation finds equivalency only to a U.S. bachelor's in pharmaceutical studies, not in computer science as required by the labor certification, and the petitioner answered 'no' to acceptance of an alternate field of study.
Exact record locator: findings_long.parquet filename_stem=2013-05-06_02_B5203; source_row=16305 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO independently reviewed wages paid, net income, and net current assets and found each insufficient for 2009, 2010, and 2012. It rejected reliance on a foreign Indian entity's financials, noting the petitioner's own tax returns disclaimed any foreign ownership and that as a C corporation it is a separate legal entity from shareholders.
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AAO independently reviewed wages paid, net income, and net current assets and found each insufficient for 2009, 2010, and 2012. It rejected reliance on a foreign Indian entity's financials, noting the petitioner's own tax returns disclaimed any foreign ownership and that as a C corporation it is a separate legal entity from shareholders.
Exact record locator: findings_long.parquet filename_stem=2013-05-06_01_B5203; source_row=16303 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
bona fide job opportunity clearly open to U.S. workers
Why AAO was not persuaded
AAO raised this issue sua sponte beyond the director's decision based on the beneficiary's status as registered agent and the disclosed familial/ownership relationship; petitioner failed to establish the job is bona fide and clearly open to U.S. workers.
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AAO raised this issue sua sponte beyond the director's decision based on the beneficiary's status as registered agent and the disclosed familial/ownership relationship; petitioner failed to establish the job is bona fide and clearly open to U.S. workers.
Exact record locator: findings_long.parquet filename_stem=2013-05-06_01_B5203; source_row=16304 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWEB-1A · Final meritsEstablishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Final merits
final merits determination — degree of expertise significantly above that ordinarily encountered
Why the evidence was persuasive
AAO finds the witness testimony and supporting evidence sufficient to demonstrate the beneficiary's expertise is significantly above that ordinarily encountered.
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AAO finds the witness testimony and supporting evidence sufficient to demonstrate the beneficiary's expertise is significantly above that ordinarily encountered.
Exact record locator: findings_long.parquet filename_stem=2013-05-03_02_B5203; source_row=16299 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
professional athlete definition under section 212(a)(5)(A)(iii)(II)
Why the evidence was persuasive
AAO finds the MLS official's letter sufficient to establish that MLS meets the statutory criteria for an association of professional sports teams, qualifying the beneficiary as a professional athlete.
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AAO finds the MLS official's letter sufficient to establish that MLS meets the statutory criteria for an association of professional sports teams, qualifying the beneficiary as a professional athlete.
Exact record locator: findings_long.parquet filename_stem=2013-05-03_02_B5203; source_row=16300 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found that the beneficiary's promotion to president with additional managerial/executive duties and a 45% salary increase constituted a material and substantial change in duties, meaning the petitioner was not offering the certified job of senior crop scientist. The chairman's contradictory statements further undermined the claim that the beneficiary's duties were unchanged.
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AAO found that the beneficiary's promotion to president with additional managerial/executive duties and a 45% salary increase constituted a material and substantial change in duties, meaning the petitioner was not offering the certified job of senior crop scientist. The chairman's contradictory statements further undermined the claim that the beneficiary's duties were unchanged.
Exact record locator: findings_long.parquet filename_stem=2013-05-03_03_B5203; source_row=16301 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Bona fide job opportunity clearly open to U.S. workers
Why AAO was not persuaded
AAO found that the record contained contradictory ownership information (a dissolved Hong Kong entity still listed as shareholder, discrepancies in officer names on tax returns), the beneficiary was the petitioner's incorporator and agent for service of process, and the petitioner failed to resolve these inconsistencies with credible objective evidence, precluding a finding of a bona fide job offer.
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AAO found that the record contained contradictory ownership information (a dissolved Hong Kong entity still listed as shareholder, discrepancies in officer names on tax returns), the beneficiary was the petitioner's incorporator and agent for service of process, and the petitioner failed to resolve these inconsistencies with credible objective evidence, precluding a finding of a bona fide job offer.
Exact record locator: findings_long.parquet filename_stem=2013-05-03_03_B5203; source_row=16302 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO relied on the AACRAO EDGE database equating Indian MBAs to U.S. bachelor's degrees and found EDGE more persuasive than petitioner's individual evaluators, particularly given that one of petitioner's own evaluators concluded the beneficiary had only the equivalent of a U.S. bachelor's degree.
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AAO relied on the AACRAO EDGE database equating Indian MBAs to U.S. bachelor's degrees and found EDGE more persuasive than petitioner's individual evaluators, particularly given that one of petitioner's own evaluators concluded the beneficiary had only the equivalent of a U.S. bachelor's degree.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_04_B5203; source_row=16296 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found one of the employer letters failed to describe the beneficiary's experience in accordance with 8 C.F.R. § 204.5(g)(1), leaving only two acceptable letters establishing about 13 months of experience — well short of the 48 months required.
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AAO found one of the employer letters failed to describe the beneficiary's experience in accordance with 8 C.F.R. § 204.5(g)(1), leaving only two acceptable letters establishing about 13 months of experience — well short of the 48 months required.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_04_B5203; source_row=16297 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Record lacks evidence of priority dates, proffered wages, wages paid, and status of other petitions, so simultaneous ability to pay is not established.
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Record lacks evidence of priority dates, proffered wages, wages paid, and status of other petitions, so simultaneous ability to pay is not established.
Exact record locator: findings_long.parquet filename_stem=2013-05-02_04_B5203; source_row=16298 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c