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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.
AAO found the wages paid fell short of the proffered wage in 2009, net income was negative, net current assets were negative, and the totality of circumstances did not parallel Sonegawa.
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AAO found the wages paid fell short of the proffered wage in 2009, net income was negative, net current assets were negative, and the totality of circumstances did not parallel Sonegawa.
Exact record locator: findings_long.parquet filename_stem=2012-08-22_01_B5203; source_row=15212 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
three months experience as project architect or as technical assistant/façade engineer
Why AAO was not persuaded
The university supervisor's letter was discounted because he was not employed at Façade Consulting & Engineering, and the employer letter only documented 12 hours/week part-time over 13 months, which AAO held did not satisfy the 3-month experience requirement.
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The university supervisor's letter was discounted because he was not employed at Façade Consulting & Engineering, and the employer letter only documented 12 hours/week part-time over 13 months, which AAO held did not satisfy the 3-month experience requirement.
Exact record locator: findings_long.parquet filename_stem=2012-08-22_01_B5203; source_row=15213 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO held the plain language of the labor certification requires a bachelor's degree or foreign educational equivalent and that the beneficiary's combined credentials do not satisfy that requirement.
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AAO held the plain language of the labor certification requires a bachelor's degree or foreign educational equivalent and that the beneficiary's combined credentials do not satisfy that requirement.
Exact record locator: findings_long.parquet filename_stem=2012-08-22_03_B5203; source_row=15219 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2009 Form 1120S showed net income of -$67 and net current assets of -$137,510. Adding back depreciation is improper under River Street Donuts and Chi-Feng Chang. The cash balance is already included as a current asset in the net current assets calculation and is not a separate funding source. Totality of circumstances did not rise to the Sonegawa standard.
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The petitioner's 2009 Form 1120S showed net income of -$67 and net current assets of -$137,510. Adding back depreciation is improper under River Street Donuts and Chi-Feng Chang. The cash balance is already included as a current asset in the net current assets calculation and is not a separate funding source. Totality of circumstances did not rise to the Sonegawa standard.
Exact record locator: findings_long.parquet filename_stem=2012-08-22_09_B5203; source_row=15223 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Official academic record establishing required degree
Why AAO was not persuaded
AAO raised this issue sua sponte on appeal. Only translations of the diploma and transcript were in the record; no original official academic record was submitted as required by 8 C.F.R. § 204.5(k)(3)(i)(A).
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AAO raised this issue sua sponte on appeal. Only translations of the diploma and transcript were in the record; no original official academic record was submitted as required by 8 C.F.R. § 204.5(k)(3)(i)(A).
Exact record locator: findings_long.parquet filename_stem=2012-08-22_09_B5203; source_row=15224 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Wages paid to beneficiary equal to or exceeding proffered wage
Why AAO was not persuaded
The 2008 Form 1040 did not demonstrate wages paid by the petitioner specifically. The 2009 W-2 showed wages of $30,081.71, well below the proffered wage of $72,970. The 2010 W-2 exceeded the proffered wage but did not cure the earlier deficiencies.
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The 2008 Form 1040 did not demonstrate wages paid by the petitioner specifically. The 2009 W-2 showed wages of $30,081.71, well below the proffered wage of $72,970. The 2010 W-2 exceeded the proffered wage but did not cure the earlier deficiencies.
Exact record locator: findings_long.parquet filename_stem=2012-08-22_02_B5203; source_row=15214 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Totality of circumstances (Matter of Sonegawa analysis)
Why AAO was not persuaded
The AAO found no facts paralleling those in Sonegawa sufficient to establish ability to pay. The claim that the petitioner employed 100+ workers was inconsistent with the 48 workers stated on the Form I-140, unaudited financial statements were legally insufficient, and the unaudited 2009 statements themselves showed negative net income and net current assets.
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The AAO found no facts paralleling those in Sonegawa sufficient to establish ability to pay. The claim that the petitioner employed 100+ workers was inconsistent with the 48 workers stated on the Form I-140, unaudited financial statements were legally insufficient, and the unaudited 2009 statements themselves showed negative net income and net current assets.
Exact record locator: findings_long.parquet filename_stem=2012-08-22_02_B5203; source_row=15217 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
For the fiscal year 2008, the petitioner's Form 1120 showed net income of -$1,547,999 (C corp period) and the Form 1120S showed net income of -$261,719 (S corp period), both deeply negative. No 2009 tax returns were provided.
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For the fiscal year 2008, the petitioner's Form 1120 showed net income of -$1,547,999 (C corp period) and the Form 1120S showed net income of -$261,719 (S corp period), both deeply negative. No 2009 tax returns were provided.
Exact record locator: findings_long.parquet filename_stem=2012-08-22_02_B5203; source_row=15215 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum education/experience requirements of labor certification as of priority date
Why the evidence was persuasive
After reviewing the full record including appeal-stage evidence, AAO found that the petitioner met its burden of establishing the beneficiary satisfied the labor certification's educational and experience requirements as of the July 30, 2008 priority date.
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After reviewing the full record including appeal-stage evidence, AAO found that the petitioner met its burden of establishing the beneficiary satisfied the labor certification's educational and experience requirements as of the July 30, 2008 priority date.
Exact record locator: findings_long.parquet filename_stem=2012-08-20_01_B5203; source_row=15210 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c