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The AAO considered overall business circumstances under Matter of Sonegawa but found no facts paralleling that case. Tax returns for 2003–2007 showed no salaries paid despite the I-140 claiming eight employees, and total revenues were below the proffered wage in several years.
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The AAO considered overall business circumstances under Matter of Sonegawa but found no facts paralleling that case. Tax returns for 2003–2007 showed no salaries paid despite the I-140 claiming eight employees, and total revenues were below the proffered wage in several years.
Exact record locator: findings_long.parquet filename_stem=2012-02-17_01_B5203; source_row=13830 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
job requires a professional holding an advanced degree
Why AAO was not persuaded
The plain language of the ETA 750 requires only a bachelor's degree plus 2 years of experience, which falls short of the advanced-degree equivalent under 8 C.F.R. § 204.5(k)(2).
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The plain language of the ETA 750 requires only a bachelor's degree plus 2 years of experience, which falls short of the advanced-degree equivalent under 8 C.F.R. § 204.5(k)(2).
Exact record locator: findings_long.parquet filename_stem=2012-02-15_04_B5203; source_row=13819 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Overall magnitude of business activities (Sonegawa factors)
Why AAO was not persuaded
While the petitioner had been in business since 2001, it offered no evidence of significant growth, uncharacteristic losses, outstanding business reputation, or milestone achievements. Additionally, multiple simultaneous I-140 filings further undermined the realism of the job offer.
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While the petitioner had been in business since 2001, it offered no evidence of significant growth, uncharacteristic losses, outstanding business reputation, or milestone achievements. Additionally, multiple simultaneous I-140 filings further undermined the realism of the job offer.
Exact record locator: findings_long.parquet filename_stem=2012-02-15_05_B5203; source_row=13823 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary possesses qualifications stated on labor certification as of priority date
Why AAO was not persuaded
The beneficiary has a bachelor's degree and thus needs five years of progressive experience. The employment verification letters in the record did not provide sufficient descriptions of job duties to support the claimed experience.
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The beneficiary has a bachelor's degree and thus needs five years of progressive experience. The employment verification letters in the record did not provide sufficient descriptions of job duties to support the claimed experience.
Exact record locator: findings_long.parquet filename_stem=2012-02-15_05_B5203; source_row=13824 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Based on documentation submitted with the motion to reopen plus other evidence in the record, AAO determined the beneficiary had approximately two and a half years of experience as a psychotherapist at Comprehensive Medical Services from May 2000 to December 2002, satisfying the requirement as of the February 12, 2004 priority date.
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Based on documentation submitted with the motion to reopen plus other evidence in the record, AAO determined the beneficiary had approximately two and a half years of experience as a psychotherapist at Comprehensive Medical Services from May 2000 to December 2002, satisfying the requirement as of the February 12, 2004 priority date.
Exact record locator: findings_long.parquet filename_stem=2012-02-15_01_B5203; source_row=13815 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO found the petitioner's net income in 2004 (-$1,782) and 2006 ($21,735) fell below the proffered wage, net current assets in both years were also insufficient, the accountant's claim about accounts receivable lacked documentary support, the bank statements did not demonstrate sustainable ability to pay and were not among the listed types of acceptable evidence, and the existence of another I-140 petition created addition…
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AAO found the petitioner's net income in 2004 (-$1,782) and 2006 ($21,735) fell below the proffered wage, net current assets in both years were also insufficient, the accountant's claim about accounts receivable lacked documentary support, the bank statements did not demonstrate sustainable ability to pay and were not among the listed types of acceptable evidence, and the existence of another I-140 petition created additional obligations that further undermined the ability to pay showing.
Exact record locator: findings_long.parquet filename_stem=2012-02-15_01_B5203; source_row=13816 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c