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10,847 decisions /36,849 findings
Showing 22231–22240
NIWNIW · EB-2 baselineNot established
Case facts
Computer Science / AI
Issue evaluated
NIW · EB-2 baseline
ETA Form 9089 requires advanced degree professional or equivalent
Why AAO was not persuaded
AAO agreed with the director that the labor certification's minimum education requirement falls below the threshold for EB-2 advanced degree classification.
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AAO agreed with the director that the labor certification's minimum education requirement falls below the threshold for EB-2 advanced degree classification.
Exact record locator: findings_long.parquet filename_stem=2012-12-26_08_B5203; source_row=15577 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary was paid well below the proffered wage in every year on record. The petitioner's net income was negative in 2007–2010, and net current assets were insufficient in 2008 and 2010 to cover the wage gap. Gross receipts and anticipated future income are legally irrelevant. Unaudited projected financial statements are not persuasive. Owner's personal assets cannot be attributed to the corporation.…
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The beneficiary was paid well below the proffered wage in every year on record. The petitioner's net income was negative in 2007–2010, and net current assets were insufficient in 2008 and 2010 to cover the wage gap. Gross receipts and anticipated future income are legally irrelevant. Unaudited projected financial statements are not persuasive. Owner's personal assets cannot be attributed to the corporation. Bank statements are not among the enumerated forms of evidence and cannot show sustainable ability to pay. The totality of circumstances under Sonegawa did not help the petitioner given its sustained massive losses.
Exact record locator: findings_long.parquet filename_stem=2012-12-26_07_B5203; source_row=15576 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Bona fide job offer / petitioner remains a viable business
Why AAO was not persuaded
AAO found online records indicating the petitioner's business was suspended in California. After issuing a notice to the petitioner and counsel and receiving no response within 30 days, AAO concluded that no bona fide job offer exists because the petitioner is no longer an active business.
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AAO found online records indicating the petitioner's business was suspended in California. After issuing a notice to the petitioner and counsel and receiving no response within 30 days, AAO concluded that no bona fide job offer exists because the petitioner is no longer an active business.
Exact record locator: findings_long.parquet filename_stem=2012-12-26_05_B5203; source_row=15575 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets education and experience requirements of labor certification as of priority date
Why AAO was not persuaded
The AAO found that the beneficiary's master's degree was not awarded until over 14 months after the priority date, and his post-baccalaureate experience from his bachelor's degree date totaled only about three years and five months — well short of the five years required under the bachelor's degree alternative. The beneficiary therefore met neither qualifying combination under the labor certification.
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The AAO found that the beneficiary's master's degree was not awarded until over 14 months after the priority date, and his post-baccalaureate experience from his bachelor's degree date totaled only about three years and five months — well short of the five years required under the bachelor's degree alternative. The beneficiary therefore met neither qualifying combination under the labor certification.
Exact record locator: findings_long.parquet filename_stem=2012-12-26_03_B5203; source_row=15574 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets sufficient to pay proffered wage
Why AAO was not persuaded
Net current assets were $8,541 in fiscal year 2009 and $11,500 in fiscal year 2010, with no current liabilities, leaving large shortfalls relative to the proffered wage.
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Net current assets were $8,541 in fiscal year 2009 and $11,500 in fiscal year 2010, with no current liabilities, leaving large shortfalls relative to the proffered wage.
Exact record locator: findings_long.parquet filename_stem=2012-12-21_05_B5203; source_row=15569 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Although the petitioner had been in business over thirty years and claimed to be replacing employees, it provided no evidence of reputation in health integration, uncharacteristic business expenditures, or historical growth. The replacement worker argument also failed because the petitioner did not document the position, duties, and termination of the replaced worker.…
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Although the petitioner had been in business over thirty years and claimed to be replacing employees, it provided no evidence of reputation in health integration, uncharacteristic business expenditures, or historical growth. The replacement worker argument also failed because the petitioner did not document the position, duties, and termination of the replaced worker. AAO concluded the totality of circumstances did not establish ability to pay.
Exact record locator: findings_long.parquet filename_stem=2012-12-21_05_B5203; source_row=15570 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Wages paid to beneficiary equal to or exceeding proffered wage
Why AAO was not persuaded
The beneficiary was paid $72,000, $24,000, and $72,000 in the relevant years, all below the proffered wage. Payments to a related corporation could not be attributed to the beneficiary because a corporation is a separate legal entity and the record lacked evidence the payments were wages to the beneficiary for individual services.
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The beneficiary was paid $72,000, $24,000, and $72,000 in the relevant years, all below the proffered wage. Payments to a related corporation could not be attributed to the beneficiary because a corporation is a separate legal entity and the record lacked evidence the payments were wages to the beneficiary for individual services.
Exact record locator: findings_long.parquet filename_stem=2012-12-21_05_B5203; source_row=15567 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's net income was -$34,587 in fiscal year 2009 and $3,475 in fiscal year 2010, both far short of the proffered wage even when added to wages paid. Fiscal year 2008 tax returns were not submitted. Owner bank account statements are not among the enumerated types of evidence under 8 C.F.R.…
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The petitioner's net income was -$34,587 in fiscal year 2009 and $3,475 in fiscal year 2010, both far short of the proffered wage even when added to wages paid. Fiscal year 2008 tax returns were not submitted. Owner bank account statements are not among the enumerated types of evidence under 8 C.F.R. § 204.5(g)(2) and cannot show sustainable ability to pay; moreover, shareholder assets may not be used to establish a corporation's ability to pay.
Exact record locator: findings_long.parquet filename_stem=2012-12-21_05_B5203; source_row=15568 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Leading / critical roleNot established
Case facts
Social SciencesManager
Issue evaluated
EB-1A · Leading / critical role
leading or critical role for organizations with distinguished reputation
Why AAO was not persuaded
AAO found the supporting letters were conclusory or based on secondhand knowledge, did not show how the petitioner's roles fit within organizational hierarchies or impacted the organizations as a whole, and did not establish that ASF or ICCR had a distinguished reputation.
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AAO found the supporting letters were conclusory or based on secondhand knowledge, did not show how the petitioner's roles fit within organizational hierarchies or impacted the organizations as a whole, and did not establish that ASF or ICCR had a distinguished reputation.
Exact record locator: findings_long.parquet filename_stem=2012-12-21_02_B2203; source_row=15535 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot established
Case facts
Social SciencesManager
Issue evaluated
EB-1A · Original contributions
original contributions of major significance
Why AAO was not persuaded
AAO held that published material does not presumptively establish contributions of major significance and that the articles describe performances and cultural promotion but not significant impact on the field as a whole.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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AAO held that published material does not presumptively establish contributions of major significance and that the articles describe performances and cultural promotion but not significant impact on the field as a whole.
Exact record locator: findings_long.parquet filename_stem=2012-12-21_02_B2203; source_row=15533 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c