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AAO found the ETA Form 9089's no-education/no-experience/no-skills requirements conflict with the petitioner's website and contract requirements (experience, skills tests, screening), citing Matter of Ho on unresolved inconsistencies, and concluded the realism of the job offer was not established.
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AAO found the ETA Form 9089's no-education/no-experience/no-skills requirements conflict with the petitioner's website and contract requirements (experience, skills tests, screening), citing Matter of Ho on unresolved inconsistencies, and concluded the realism of the job offer was not established.
Exact record locator: findings_long.parquet filename_stem=2012-02-15_02_B5203; source_row=13818 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO confirmed petitioner did not employ/pay the beneficiary, had negative net income (-$88,214) and negative net current assets (-$192,327) in 2008, and that totality-of-circumstances factors did not overcome the financial deficits, particularly given the many other sponsored beneficiaries.
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AAO confirmed petitioner did not employ/pay the beneficiary, had negative net income (-$88,214) and negative net current assets (-$192,327) in 2008, and that totality-of-circumstances factors did not overcome the financial deficits, particularly given the many other sponsored beneficiaries.
Exact record locator: findings_long.parquet filename_stem=2012-02-15_02_B5203; source_row=13817 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
foreign equivalent of required U.S. Master's degree
Why AAO was not persuaded
AAO agreed that the beneficiary's three-plus-two-year Indian education is not the foreign equivalent of a U.S. Master's. AAO relied on EDGE, distinguished the cited U.S. compressed/dual-degree programs, and gave less weight to the Trustforte evaluations as conflicting with EDGE.
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AAO agreed that the beneficiary's three-plus-two-year Indian education is not the foreign equivalent of a U.S. Master's. AAO relied on EDGE, distinguished the cited U.S. compressed/dual-degree programs, and gave less weight to the Trustforte evaluations as conflicting with EDGE.
Exact record locator: findings_long.parquet filename_stem=2012-02-16_01_B5203; source_row=13825 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
AAO independently raised and resolved this issue against the petitioner because the petitioner did not adequately document its ability to pay all sponsored workers as requested by the AAO's RFE.
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AAO independently raised and resolved this issue against the petitioner because the petitioner did not adequately document its ability to pay all sponsored workers as requested by the AAO's RFE.
Exact record locator: findings_long.parquet filename_stem=2012-02-16_01_B5203; source_row=13826 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
foreign degree equivalency to U.S. bachelor's degree per labor certification
Why AAO was not persuaded
The evaluations were internally inconsistent regarding PGD admission prerequisites and lacked documentary support, and the petitioner did not respond to the AAO's RFE seeking documentation of AICTE approval and entrance requirements.
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The evaluations were internally inconsistent regarding PGD admission prerequisites and lacked documentary support, and the petitioner did not respond to the AAO's RFE seeking documentation of AICTE approval and entrance requirements.
Exact record locator: findings_long.parquet filename_stem=2012-02-10_02_B5203; source_row=13810 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Counsel argued that the petitioner has been in business since 1996, became financially stable, experienced increased sales revenue in 2009, and that its financial status continues to grow. AAO found no facts paralleling Sonegawa sufficient to establish ability to pay, noting that future projections of increased income are insufficient and no uncharacteristic business expenditures or losses were demonstrated.
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Counsel argued that the petitioner has been in business since 1996, became financially stable, experienced increased sales revenue in 2009, and that its financial status continues to grow. AAO found no facts paralleling Sonegawa sufficient to establish ability to pay, noting that future projections of increased income are insufficient and no uncharacteristic business expenditures or losses were demonstrated.
Exact record locator: findings_long.parquet filename_stem=2012-02-10_01_B5203; source_row=13809 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner's 2008 Form 1120 showed net income of -$484,792.00, which is insufficient to cover the proffered wage. An unaudited profit and loss statement for 2009 likewise indicated insufficient net income.
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The petitioner's 2008 Form 1120 showed net income of -$484,792.00, which is insufficient to cover the proffered wage. An unaudited profit and loss statement for 2009 likewise indicated insufficient net income.
Exact record locator: findings_long.parquet filename_stem=2012-02-10_01_B5203; source_row=13806 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner argued that its German parent company financially supports it and is financially viable, but USCIS may not consider assets of shareholders or other enterprises because a corporation is a separate and distinct legal entity.
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The petitioner argued that its German parent company financially supports it and is financially viable, but USCIS may not consider assets of shareholders or other enterprises because a corporation is a separate and distinct legal entity.
Exact record locator: findings_long.parquet filename_stem=2012-02-10_01_B5203; source_row=13808 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c