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EB-1AEB-1A · Final meritsEstablishedAutomated extraction · broader context
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EB-1A · Final merits
final merits determination
Why the evidence was persuasive
The totality of evidence demonstrates the petitioner's sustained national acclaim, recognition in the field, and that he is among the small percentage at the very top of thermal fluid control research.
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The totality of evidence demonstrates the petitioner's sustained national acclaim, recognition in the field, and that he is among the small percentage at the very top of thermal fluid control research.
Exact record locator: findings_long.parquet filename_stem=2012-08-24_04_B2203; source_row=15274 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income ($232 in 2009, $634 in 2010) and net current assets ($116 in 2009, $127 in 2010) were far below the proffered wage of $81,411.20. Form 1099 payments were unreliable due to inconsistencies with the petitioner's tax returns. H-1B renewal criteria differ from immigrant petition ability-to-pay standards. Sonegawa totality-of-circumstances factors were not established.
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Net income ($232 in 2009, $634 in 2010) and net current assets ($116 in 2009, $127 in 2010) were far below the proffered wage of $81,411.20. Form 1099 payments were unreliable due to inconsistencies with the petitioner's tax returns. H-1B renewal criteria differ from immigrant petition ability-to-pay standards. Sonegawa totality-of-circumstances factors were not established.
Exact record locator: findings_long.parquet filename_stem=2012-08-24_01_B5203; source_row=15250 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
U.S. master's degree or equivalent in economics/accounting
Why AAO was not persuaded
The credential evaluation concluded the beneficiary's Lithuanian diploma was equivalent to a combined BS/MBA, not an economics degree as required. Furthermore, the evaluation did not establish master's-level equivalency in any field, did not describe the type or duration of the diploma program, and the beneficiary appeared to have begun work over a year before earning the diploma, suggesting it lacked sufficient length and…
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The credential evaluation concluded the beneficiary's Lithuanian diploma was equivalent to a combined BS/MBA, not an economics degree as required. Furthermore, the evaluation did not establish master's-level equivalency in any field, did not describe the type or duration of the diploma program, and the beneficiary appeared to have begun work over a year before earning the diploma, suggesting it lacked sufficient length and complexity.
Exact record locator: findings_long.parquet filename_stem=2012-08-24_01_B5203; source_row=15252 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
96 months required work experience as economist/auditor/accountant
Why AAO was not persuaded
The letters submitted did not describe the beneficiary's specific duties or hours worked. Because the beneficiary was also the owner of one of the employing companies, it was not credible she performed full-time economist duties rather than operating the business as its owner.
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The letters submitted did not describe the beneficiary's specific duties or hours worked. Because the beneficiary was also the owner of one of the employing companies, it was not credible she performed full-time economist duties rather than operating the business as its owner.
Exact record locator: findings_long.parquet filename_stem=2012-08-24_01_B5203; source_row=15251 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets were only $8,060 in 2009, insufficient to cover the proffered wage of $60,840. Although net current assets were $88,901 in 2010, the deficiency in 2009 prevented establishing continuing ability to pay from the priority date.
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Net current assets were only $8,060 in 2009, insufficient to cover the proffered wage of $60,840. Although net current assets were $88,901 in 2010, the deficiency in 2009 prevented establishing continuing ability to pay from the priority date.
Exact record locator: findings_long.parquet filename_stem=2012-08-24_02_B5203; source_row=15262 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary received only $10,595 in 2009 and $14,940 in 2010 from the petitioner, far below the proffered wage of $60,840. Even prorating from September 25 to year-end, the petitioner would have needed to pay $16,168 but only paid approximately $5,735.
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The beneficiary received only $10,595 in 2009 and $14,940 in 2010 from the petitioner, far below the proffered wage of $60,840. Even prorating from September 25 to year-end, the petitioner would have needed to pay $16,168 but only paid approximately $5,735.
Exact record locator: findings_long.parquet filename_stem=2012-08-24_02_B5203; source_row=15260 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c