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The labor certification plainly requires a master's degree or foreign equivalent. Since the Diplome d'Ingenieur is equivalent only to a U.S. bachelor's degree, the beneficiary does not meet the stated educational requirement for the proffered position.
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The labor certification plainly requires a master's degree or foreign equivalent. Since the Diplome d'Ingenieur is equivalent only to a U.S. bachelor's degree, the beneficiary does not meet the stated educational requirement for the proffered position.
Exact record locator: findings_long.parquet filename_stem=2012-06-06_02_B5203; source_row=14568 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
USCIS will not augment net income or net current assets by adding a line of credit, which is merely an unenforceable commitment to loan rather than existing funds, and comparable to a credit card limit rather than cash.
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USCIS will not augment net income or net current assets by adding a line of credit, which is merely an unenforceable commitment to loan rather than existing funds, and comparable to a credit card limit rather than cash.
Exact record locator: findings_long.parquet filename_stem=2012-06-06_05_B5203; source_row=14573 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Totality of business circumstances under Matter of Sonegawa
Why AAO was not persuaded
Although the petitioner has been in business since 2001, it did not demonstrate a pattern of significant growth, an uncharacteristic business loss, a sound industry reputation, or milestone achievements comparable to the Sonegawa petitioner, and simultaneous pending petitions further undermined a realistic-job-offer finding.
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Although the petitioner has been in business since 2001, it did not demonstrate a pattern of significant growth, an uncharacteristic business loss, a sound industry reputation, or milestone achievements comparable to the Sonegawa petitioner, and simultaneous pending petitions further undermined a realistic-job-offer finding.
Exact record locator: findings_long.parquet filename_stem=2012-06-06_05_B5203; source_row=14574 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Net current assets sufficient to pay proffered wage
Why AAO was not persuaded
Net current assets were $56,648 in 2006 (below the proffered wage) and $374,326 in 2007, but the 2007 figure was diminished by the petitioner's multiple simultaneously pending I-140 and I-129 petitions, which required it to demonstrate ability to pay all beneficiaries' wages.
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Net current assets were $56,648 in 2006 (below the proffered wage) and $374,326 in 2007, but the 2007 figure was diminished by the petitioner's multiple simultaneously pending I-140 and I-129 petitions, which required it to demonstrate ability to pay all beneficiaries' wages.
Exact record locator: findings_long.parquet filename_stem=2012-06-06_05_B5203; source_row=14572 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary lacks the required bachelor's degree or foreign equivalent, and the record shows only about 8 years of laboratory management experience rather than the 10 years required, with some foreign experience not described as managerial. The petitioner's request to reclassify as EB-3 on appeal was rejected as an impermissible material change to the petition.
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The beneficiary lacks the required bachelor's degree or foreign equivalent, and the record shows only about 8 years of laboratory management experience rather than the 10 years required, with some foreign experience not described as managerial. The petitioner's request to reclassify as EB-3 on appeal was rejected as an impermissible material change to the petition.
Exact record locator: findings_long.parquet filename_stem=2012-06-06_01_B5203; source_row=14566 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets minimum education requirement on labor certification
Why AAO was not persuaded
AACRAO EDGE indicates the beneficiary's Indian three-year BA is comparable to only two to three years of U.S. university study, and the Indian MA is comparable to a U.S. bachelor's degree—not a U.S. master's degree. The submitted evaluations conflict with EDGE, lack explanation of credit-hour calculations, and are not peer-reviewed.…
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AACRAO EDGE indicates the beneficiary's Indian three-year BA is comparable to only two to three years of U.S. university study, and the Indian MA is comparable to a U.S. bachelor's degree—not a U.S. master's degree. The submitted evaluations conflict with EDGE, lack explanation of credit-hour calculations, and are not peer-reviewed. Because the beneficiary does not have a full four-year foreign equivalent baccalaureate, her Indian MA cannot be treated as equivalent to a U.S. master's degree, and she therefore does not meet the labor certification's minimum education requirement.
Exact record locator: findings_long.parquet filename_stem=2012-06-06_06_B5203; source_row=14575 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary meets minimum education stated on labor certification
Why AAO was not persuaded
Because Part H-8 disallowed alternate combinations and the beneficiary's foreign education is comparable only to a U.S. bachelor's, the beneficiary does not satisfy the labor certification's master's-degree requirement.
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Because Part H-8 disallowed alternate combinations and the beneficiary's foreign education is comparable only to a U.S. bachelor's, the beneficiary does not satisfy the labor certification's master's-degree requirement.
Exact record locator: findings_long.parquet filename_stem=2012-06-06_04_B5203; source_row=14570 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO does not reach the ultimate ability-to-pay question; it withdraws the denial because the director relied on evidence predating the priority date and remands for development of post-priority-date evidence.
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AAO does not reach the ultimate ability-to-pay question; it withdraws the denial because the director relied on evidence predating the priority date and remands for development of post-priority-date evidence.
Exact record locator: findings_long.parquet filename_stem=2012-06-05_01_B5203; source_row=14563 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO did not reach a substantive ability-to-pay conclusion; it withdrew the denial and remanded for development of compliant evidence (tax returns, audited financial statements, or annual reports for 2009-2011).
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AAO did not reach a substantive ability-to-pay conclusion; it withdrew the denial and remanded for development of compliant evidence (tax returns, audited financial statements, or annual reports for 2009-2011).
Exact record locator: findings_long.parquet filename_stem=2012-06-05_02_B5203; source_row=14564 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c