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AAO found the petitioner submitted sufficient documentary evidence establishing that he minimally meets the plain language of the scholarly articles regulation and withdrew the director's findings on this criterion.
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AAO found the petitioner submitted sufficient documentary evidence establishing that he minimally meets the plain language of the scholarly articles regulation and withdrew the director's findings on this criterion.
Exact record locator: findings_long.parquet filename_stem=2012-08-15_03_B2203; source_row=15199 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the petitioner submitted sufficient documentary evidence establishing that he minimally meets the plain language of the regulation and withdrew the director's findings on this criterion.
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AAO found the petitioner submitted sufficient documentary evidence establishing that he minimally meets the plain language of the regulation and withdrew the director's findings on this criterion.
Exact record locator: findings_long.parquet filename_stem=2012-08-15_03_B2203; source_row=15197 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's net income was negative in 2007, 2008, and 2009; net current assets were insufficient in 2007 and 2008; related corporate assets could not be attributed to the petitioning entity; the unaudited financial statement was insufficient; and no evidence of a sound business reputation or uncharacteristic expenditure excused the deficiencies under Sonegawa.
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The petitioner's net income was negative in 2007, 2008, and 2009; net current assets were insufficient in 2007 and 2008; related corporate assets could not be attributed to the petitioning entity; the unaudited financial statement was insufficient; and no evidence of a sound business reputation or uncharacteristic expenditure excused the deficiencies under Sonegawa.
Exact record locator: findings_long.parquet filename_stem=2012-08-15_01_B5203; source_row=15190 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The credential evaluation was unpersuasive because it did not compare curricula or use peer-reviewed materials. EDGE/AACRAO indicates the Brazilian 'bacharel' equates only to a U.S. bachelor's degree, not a master's degree or J.D. as required by the labor certification.
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The credential evaluation was unpersuasive because it did not compare curricula or use peer-reviewed materials. EDGE/AACRAO indicates the Brazilian 'bacharel' equates only to a U.S. bachelor's degree, not a master's degree or J.D. as required by the labor certification.
Exact record locator: findings_long.parquet filename_stem=2012-08-15_01_B5203; source_row=15191 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Pre-adjudication request to change visa classification
Why the evidence was persuasive
The record contained copies of counsel's email and certified mail letter requesting the classification change, all submitted before the director's adjudication. USCIS policy required acceding to such pre-adjudication requests, so the director erred in denying based on the original EB-2 classification.
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The record contained copies of counsel's email and certified mail letter requesting the classification change, all submitted before the director's adjudication. USCIS policy required acceding to such pre-adjudication requests, so the director erred in denying based on the original EB-2 classification.
Exact record locator: findings_long.parquet filename_stem=2012-08-14_01_B5203; source_row=15181 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets in 2007 ($7,657) and 2009 (not provided) were insufficient to cover the gap between wages paid and the proffered wage. Although net current assets in 2004, 2005, 2006, and 2008 exceeded the proffered wage, the petitioner's obligation to pay multiple beneficiaries under concurrent petitions meant it failed to establish ability to pay the combined proffered wages.
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Net current assets in 2007 ($7,657) and 2009 (not provided) were insufficient to cover the gap between wages paid and the proffered wage. Although net current assets in 2004, 2005, 2006, and 2008 exceeded the proffered wage, the petitioner's obligation to pay multiple beneficiaries under concurrent petitions meant it failed to establish ability to pay the combined proffered wages.
Exact record locator: findings_long.parquet filename_stem=2012-08-13_01_B5203; source_row=15176 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
No wages were documented for 2004–2006, and wages paid in 2007–2009 were substantially below the proffered wage of $72,155.00, leaving annual deficiencies of $47,821.68, $35,655.02, and $27,321.68 respectively.
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No wages were documented for 2004–2006, and wages paid in 2007–2009 were substantially below the proffered wage of $72,155.00, leaving annual deficiencies of $47,821.68, $35,655.02, and $27,321.68 respectively.
Exact record locator: findings_long.parquet filename_stem=2012-08-13_01_B5203; source_row=15174 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net income exceeded the proffered wage only in 2004 ($127,350) and 2005 ($88,331), but fell short in 2006 ($53,428), 2007 (-$3,494), and 2008 ($24,469); 2009 returns were not provided. The AAO rejected the accrual-basis audited financial statements because the petitioner's tax returns were cash-basis, and the petitioner could not selectively shift revenues and expenses between methods.…
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Net income exceeded the proffered wage only in 2004 ($127,350) and 2005 ($88,331), but fell short in 2006 ($53,428), 2007 (-$3,494), and 2008 ($24,469); 2009 returns were not provided. The AAO rejected the accrual-basis audited financial statements because the petitioner's tax returns were cash-basis, and the petitioner could not selectively shift revenues and expenses between methods. Moreover, even the years with adequate net income were undercut by multiple concurrent immigrant petitions requiring consideration of combined wage obligations.
Exact record locator: findings_long.parquet filename_stem=2012-08-13_01_B5203; source_row=15175 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Ability to pay via totality of circumstances (Sonegawa)
Why AAO was not persuaded
The AAO found no facts paralleling Sonegawa, noting the petitioner did not show the beneficiary was replacing a former employee or that any uncharacteristic business expenditures or losses occurred in the relevant years.
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The AAO found no facts paralleling Sonegawa, noting the petitioner did not show the beneficiary was replacing a former employee or that any uncharacteristic business expenditures or losses occurred in the relevant years.
Exact record locator: findings_long.parquet filename_stem=2012-08-13_01_B5203; source_row=15177 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c