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This expanded collection favors source-backed access over perfect automated classification. Fields, labels, summaries, and relevance may contain errors; records marked ‘broader context’ need extra care. Review the cited source before relying on any record. These appeals and motions do not show approval odds or denial rates, and are not legal advice or a prediction.
beneficiary meets education requirements stated on ETA Form 9089
Why AAO was not persuaded
The beneficiary's three-year B.Com. is not a foreign equivalent to a U.S. bachelor's degree, so he does not meet the labor certification's stated education requirement.
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The beneficiary's three-year B.Com. is not a foreign equivalent to a U.S. bachelor's degree, so he does not meet the labor certification's stated education requirement.
Exact record locator: findings_long.parquet filename_stem=2013-04-26_05_B5203; source_row=16254 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
single foreign equivalent of U.S. baccalaureate degree
Why AAO was not persuaded
AAO relied on EDGE and the petitioner's own evaluations indicating the three-year B.Com. equates to only two to three years of U.S. university study, not a full U.S. baccalaureate. The H-1B education-experience equivalence regulation does not apply to immigrant petitions.
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AAO relied on EDGE and the petitioner's own evaluations indicating the three-year B.Com. equates to only two to three years of U.S. university study, not a full U.S. baccalaureate. The H-1B education-experience equivalence regulation does not apply to immigrant petitions.
Exact record locator: findings_long.parquet filename_stem=2013-04-26_05_B5203; source_row=16253 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets minimum education stated on labor certification
Why AAO was not persuaded
The labor certification required a master's degree with no alternate combination permitted. EDGE (AACRAO) information indicated the Polish Dyplom/Title of Master is comparable only to a U.S. bachelor's degree. The submitted evaluations were not persuasive because they failed to compare the beneficiary's Polish education to a U.S.…
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The labor certification required a master's degree with no alternate combination permitted. EDGE (AACRAO) information indicated the Polish Dyplom/Title of Master is comparable only to a U.S. bachelor's degree. The submitted evaluations were not persuasive because they failed to compare the beneficiary's Polish education to a U.S. master's degree program, did not address actual courses of study, and were not peer-reviewed or based on peer-reviewed materials.
Exact record locator: findings_long.parquet filename_stem=2013-04-26_03_B5203; source_row=16250 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum education requirement on labor certification
Why AAO was not persuaded
AAO found that the submitted evaluation, at most, established that the beneficiary's education is comparable to a U.S. bachelor's degree, which falls short of the master's degree required by the labor certification. No alternate combination of education and experience was permitted by the employer on the labor certification form.
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AAO found that the submitted evaluation, at most, established that the beneficiary's education is comparable to a U.S. bachelor's degree, which falls short of the master's degree required by the labor certification. No alternate combination of education and experience was permitted by the employer on the labor certification form.
Exact record locator: findings_long.parquet filename_stem=2013-04-26_06_B5203; source_row=16255 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets sufficient to cover proffered wage obligations across all sponsored beneficiaries
Why AAO was not persuaded
Although net current assets exceeded the single proffered wage, the petitioner failed to demonstrate it could pay all proffered wage amounts for all beneficiaries out of its net current assets in 2009 and 2010.
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Although net current assets exceeded the single proffered wage, the petitioner failed to demonstrate it could pay all proffered wage amounts for all beneficiaries out of its net current assets in 2009 and 2010.
Exact record locator: findings_long.parquet filename_stem=2013-04-24_01_B5203; source_row=16245 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income sufficient to cover proffered wage obligations across all sponsored beneficiaries
Why AAO was not persuaded
Although the petitioner's net income exceeded the single proffered wage in each year, when the total wage obligations to over 150 sponsored beneficiaries are included, the petitioner's net income was insufficient to cover all obligations in 2009 and 2010. The AAO also noted discrepancies in the petitioner's own exhibits that suggested even larger deficits.
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Although the petitioner's net income exceeded the single proffered wage in each year, when the total wage obligations to over 150 sponsored beneficiaries are included, the petitioner's net income was insufficient to cover all obligations in 2009 and 2010. The AAO also noted discrepancies in the petitioner's own exhibits that suggested even larger deficits.
Exact record locator: findings_long.parquet filename_stem=2013-04-24_01_B5203; source_row=16244 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets qualifications specified on labor certification as of priority date
Why AAO was not persuaded
The AAO raised the beneficiary qualifications issue sua sponte. Two employer letters lacked required job duty descriptions and full-time status. The experience with the petitioner itself could not be counted because the beneficiary was performing substantially comparable duties, which DOL regulations prohibit from being used as qualifying experience for the same position.
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The AAO raised the beneficiary qualifications issue sua sponte. Two employer letters lacked required job duty descriptions and full-time status. The experience with the petitioner itself could not be counted because the beneficiary was performing substantially comparable duties, which DOL regulations prohibit from being used as qualifying experience for the same position.
Exact record locator: findings_long.parquet filename_stem=2013-04-24_01_B5203; source_row=16246 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Wages paid to beneficiary equal to or exceeding proffered wage
Why AAO was not persuaded
The beneficiary was paid $78,254.36 in 2009, $81,837.32 in 2010, and $83,564.39 in 2011, all falling short of the proffered wage of $110,240.00 per year.
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The beneficiary was paid $78,254.36 in 2009, $81,837.32 in 2010, and $83,564.39 in 2011, all falling short of the proffered wage of $110,240.00 per year.
Exact record locator: findings_long.parquet filename_stem=2013-04-24_01_B5203; source_row=16243 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of qualifying post-baccalaureate experience by priority date
Why AAO was not persuaded
AAO agreed that the regulatory language at 8 C.F.R. § 204.5(k)(3)(i)(B) requires the beneficiary to actually 'have' the degree before post-baccalaureate experience can be counted. The degree certificate itself shows conferral on December 27, 1999, and semester result certificates indicate that examination results were not even declared until December 1998, confirming no degree could have been awarded before then.…
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AAO agreed that the regulatory language at 8 C.F.R. § 204.5(k)(3)(i)(B) requires the beneficiary to actually 'have' the degree before post-baccalaureate experience can be counted. The degree certificate itself shows conferral on December 27, 1999, and semester result certificates indicate that examination results were not even declared until December 1998, confirming no degree could have been awarded before then. Accordingly, the beneficiary had only 3 years and 11 months of qualifying experience.
Exact record locator: findings_long.parquet filename_stem=2013-04-23_02_B5203; source_row=16238 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO concludes EDGE establishes that a two-year Indian M.S. following a three-year Indian B.S. is comparable only to a U.S. bachelor's degree, and none of the petitioner's contrary authorities bind or persuade the AAO.
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The AAO concludes EDGE establishes that a two-year Indian M.S. following a three-year Indian B.S. is comparable only to a U.S. bachelor's degree, and none of the petitioner's contrary authorities bind or persuade the AAO.
Exact record locator: findings_long.parquet filename_stem=2013-04-23_03_B5203; source_row=16239 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c