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beneficiary meets master's degree requirement on ETA Form 9089
Why the evidence was persuasive
With the DESS transcript submitted on appeal and EDGE information, the AAO found the DESS more likely than not comparable to a U.S. master's degree, satisfying the labor certification requirement.
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With the DESS transcript submitted on appeal and EDGE information, the AAO found the DESS more likely than not comparable to a U.S. master's degree, satisfying the labor certification requirement.
Exact record locator: findings_long.parquet filename_stem=2012-07-11_01_B5203; source_row=14848 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO relied on AACRAO EDGE data showing that a three-year Indian B.S. equals only 2–3 years of U.S. study and that an Indian MBA equals only a U.S. bachelor's degree. The submitted private credential evaluation was found unpersuasive because it lacked substantiation for its credit-hour assignments and was not peer-reviewed. The beneficiary's total education therefore equates to a U.S.…
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AAO relied on AACRAO EDGE data showing that a three-year Indian B.S. equals only 2–3 years of U.S. study and that an Indian MBA equals only a U.S. bachelor's degree. The submitted private credential evaluation was found unpersuasive because it lacked substantiation for its credit-hour assignments and was not peer-reviewed. The beneficiary's total education therefore equates to a U.S. bachelor's degree, which falls short of the master's degree required by the labor certification.
Exact record locator: findings_long.parquet filename_stem=2012-07-10_01_B5203; source_row=14836 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO had previously found the membership evidence insufficient and, on motion, found the petitioner did not demonstrate the decision was based on an incorrect application of law or USCIS policy.
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The AAO had previously found the membership evidence insufficient and, on motion, found the petitioner did not demonstrate the decision was based on an incorrect application of law or USCIS policy.
Exact record locator: findings_long.parquet filename_stem=2012-07-10_01_B2203; source_row=14831 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Published materialNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
EB-1A · Published material
published material
Why AAO was not persuaded
The AAO had previously found the published materials insufficient and, on motion, found the petitioner did not demonstrate the decision was based on an incorrect application of law or USCIS policy.
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The AAO had previously found the published materials insufficient and, on motion, found the petitioner did not demonstrate the decision was based on an incorrect application of law or USCIS policy.
Exact record locator: findings_long.parquet filename_stem=2012-07-10_01_B2203; source_row=14832 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
member of the professions holding an advanced degree or foreign equivalent
Why AAO was not persuaded
The AAO preferred the peer-reviewed EDGE database, which equates a three-year Indian B.Sc. to two-three years of U.S. study and an Indian MBA to a U.S. bachelor's degree. The submitted evaluation was unpersuasive because its credit assignments were unsubstantiated and not peer-reviewed.
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The AAO preferred the peer-reviewed EDGE database, which equates a three-year Indian B.Sc. to two-three years of U.S. study and an Indian MBA to a U.S. bachelor's degree. The submitted evaluation was unpersuasive because its credit assignments were unsubstantiated and not peer-reviewed.
Exact record locator: findings_long.parquet filename_stem=2012-07-10_02_B5203; source_row=14837 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO identified independently on appeal that the beneficiary's degree is in applied physics, not in computer information systems as required by the labor certification. A degree in the wrong field does not satisfy the requirement even if it is otherwise equivalent to a U.S. bachelor's degree.
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AAO identified independently on appeal that the beneficiary's degree is in applied physics, not in computer information systems as required by the labor certification. A degree in the wrong field does not satisfy the requirement even if it is otherwise equivalent to a U.S. bachelor's degree.
Exact record locator: findings_long.parquet filename_stem=2012-07-10_03_B5203; source_row=14839 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Five years of progressive experience in the specialty
Why AAO was not persuaded
AAO found independently on appeal that the sole work experience letter in the record was deficient because it did not include the name or address of the author as required by 8 C.F.R. § 204.5(g)(1), and therefore the beneficiary failed to demonstrate five years of progressive experience by the priority date.
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AAO found independently on appeal that the sole work experience letter in the record was deficient because it did not include the name or address of the author as required by 8 C.F.R. § 204.5(g)(1), and therefore the beneficiary failed to demonstrate five years of progressive experience by the priority date.
Exact record locator: findings_long.parquet filename_stem=2012-07-10_03_B5203; source_row=14840 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO had previously found the evidence insufficient and, on motion, found the petitioner merely disagreed with the finding without demonstrating an incorrect application of law or USCIS policy.
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The AAO had previously found the evidence insufficient and, on motion, found the petitioner merely disagreed with the finding without demonstrating an incorrect application of law or USCIS policy.
Exact record locator: findings_long.parquet filename_stem=2012-07-10_01_B2203; source_row=14830 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The AAO found that the director's denial was improper because it relied on pre-priority-date evidence. The relevant financial documents for 2010 and 2011 were likely unavailable at the time of adjudication, so the matter must be remanded for the director to solicit and consider that evidence.
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The AAO found that the director's denial was improper because it relied on pre-priority-date evidence. The relevant financial documents for 2010 and 2011 were likely unavailable at the time of adjudication, so the matter must be remanded for the director to solicit and consider that evidence.
Exact record locator: findings_long.parquet filename_stem=2012-07-10_06_B5203; source_row=14842 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c