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beneficiary meets educational requirements of labor certification
Why the evidence was persuasive
Relying on the EDGE database, AAO found the beneficiary's Indian MBBS degrees equivalent to a U.S. M.D. — a first professional degree in medicine — satisfying Lines 4-A, 4-B, and 9 of the labor certification, and noted the foreign medical degree may qualify as an advanced degree under section 203(b)(2).
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Relying on the EDGE database, AAO found the beneficiary's Indian MBBS degrees equivalent to a U.S. M.D. — a first professional degree in medicine — satisfying Lines 4-A, 4-B, and 9 of the labor certification, and noted the foreign medical degree may qualify as an advanced degree under section 203(b)(2).
Exact record locator: findings_long.parquet filename_stem=2012-02-03_02_B5203; source_row=13776 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's two-year B.S. degree does not constitute a foreign equivalent degree to a U.S. baccalaureate degree, and the record does not establish he completed the Bachelor of Commerce program. Even two combined two-year degrees would not satisfy the single foreign equivalent degree requirement. The credentials evaluator's opinion was not supported by the documentary evidence and was given little weight.
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The beneficiary's two-year B.S. degree does not constitute a foreign equivalent degree to a U.S. baccalaureate degree, and the record does not establish he completed the Bachelor of Commerce program. Even two combined two-year degrees would not satisfy the single foreign equivalent degree requirement. The credentials evaluator's opinion was not supported by the documentary evidence and was given little weight.
Exact record locator: findings_long.parquet filename_stem=2012-02-02_01_B5203; source_row=13771 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets job requirements on labor certification
Why AAO was not persuaded
The ETA Form 9089 required a bachelor's degree (or foreign equivalent) in accounting, mathematics, or finance, plus five years of experience, with no alternate combination permitted. The beneficiary lacks a qualifying degree in any of the listed fields and therefore does not meet the labor certification requirements.
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The ETA Form 9089 required a bachelor's degree (or foreign equivalent) in accounting, mathematics, or finance, plus five years of experience, with no alternate combination permitted. The beneficiary lacks a qualifying degree in any of the listed fields and therefore does not meet the labor certification requirements.
Exact record locator: findings_long.parquet filename_stem=2012-02-02_01_B5203; source_row=13772 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
NIWprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
Proper signature by petitioning U.S. employer
Why AAO was not persuaded
Only counsel signed Form I-140; the petitioning employer did not. The regulations do not permit an attorney to sign on behalf of a U.S. employer, and a power of attorney does not cure this defect.
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Only counsel signed Form I-140; the petitioning employer did not. The regulations do not permit an attorney to sign on behalf of a U.S. employer, and a power of attorney does not cure this defect.
Exact record locator: findings_long.parquet filename_stem=2012-01-30_01_B5203; source_row=13770 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's 2008 W-2 wages of $11,633.68 were far below the proffered wage of $41,933.00, leaving a gap of $30,299.32. No W-2 was submitted for 2007, and an inconsistency existed regarding whether the beneficiary was even employed in 2007. The 2008 net income of $16,757.57 was also insufficient to cover the proffered wage.…
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The beneficiary's 2008 W-2 wages of $11,633.68 were far below the proffered wage of $41,933.00, leaving a gap of $30,299.32. No W-2 was submitted for 2007, and an inconsistency existed regarding whether the beneficiary was even employed in 2007. The 2008 net income of $16,757.57 was also insufficient to cover the proffered wage. The totality of circumstances did not parallel the exceptional business disruption in Sonegawa, and the petitioner's multiple I-129/I-140 filings for other beneficiaries further undermined its ability to pay.
Exact record locator: findings_long.parquet filename_stem=2012-01-26_03_B5203; source_row=13769 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Continuing ability to pay proffered wage from priority date
Why AAO was not persuaded
Net income was negative in 2004 and 2007 and insufficient in 2005; net current assets were insufficient in 2004 and 2007; owner's personal assets cannot be attributed to the corporation as a separate legal entity; totality of circumstances under Sonegawa does not support ability to pay given declining gross receipts, no evidence of business reputation or growth, and failure to document wages paid to the beneficiary.
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Net income was negative in 2004 and 2007 and insufficient in 2005; net current assets were insufficient in 2004 and 2007; owner's personal assets cannot be attributed to the corporation as a separate legal entity; totality of circumstances under Sonegawa does not support ability to pay given declining gross receipts, no evidence of business reputation or growth, and failure to document wages paid to the beneficiary.
Exact record locator: findings_long.parquet filename_stem=2012-01-26_02_B5203; source_row=13768 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The petitioner submitted only emails showing requests to review manuscripts, not primary evidence that she actually completed any reviews. Additionally, one item post-dated the filing and could not establish eligibility. The emails were insufficient to show formal participation as a judge of the work of others.
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See how invitations, completed assignments, and the nature of judging were documented and weighed.
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The petitioner submitted only emails showing requests to review manuscripts, not primary evidence that she actually completed any reviews. Additionally, one item post-dated the filing and could not establish eligibility. The emails were insufficient to show formal participation as a judge of the work of others.
Exact record locator: findings_long.parquet filename_stem=2012-01-25_02_B2203; source_row=13762 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1AEB-1A · Original contributionsNot established
Case facts
Biomedical / Life Sciences
Issue evaluated
EB-1A · Original contributions
original contributions
Why AAO was not persuaded
The petitioner's 73 total citations were modest and did not demonstrate major significance. Conference presentations, participation in research projects, and recommendation letters failed to show that contributions already had a major impact on the field. Letters largely speculated about future impact rather than documenting present recognition.
Why this is useful
Distinguish original work from evidence that the contribution had major significance across the field.
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The petitioner's 73 total citations were modest and did not demonstrate major significance. Conference presentations, participation in research projects, and recommendation letters failed to show that contributions already had a major impact on the field. Letters largely speculated about future impact rather than documenting present recognition.
Exact record locator: findings_long.parquet filename_stem=2012-01-25_02_B2203; source_row=13763 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
membership in associations requiring outstanding achievements
Why AAO was not persuaded
AAO agreed with the director. Neither ACRIP nor HBSP demonstrated membership requirements based on outstanding achievements as judged by recognized national or international experts. Evidence for ACRIP failed to discuss membership requirements, and HBSP evidence only showed a completed e-learning program.
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AAO agreed with the director. Neither ACRIP nor HBSP demonstrated membership requirements based on outstanding achievements as judged by recognized national or international experts. Evidence for ACRIP failed to discuss membership requirements, and HBSP evidence only showed a completed e-learning program.
Exact record locator: findings_long.parquet filename_stem=2012-01-25_01_B2203; source_row=13750 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
published material about the alien in professional or major trade publications or other major media
Why AAO was not persuaded
AAO found that the Gerente Magazine articles used partial translations and were not primarily about the petitioner. The gestionhumana.com postings were material authored by the petitioner, not about him, lacked required title/date information, and the petitioner failed to show the website was major media.
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AAO found that the Gerente Magazine articles used partial translations and were not primarily about the petitioner. The gestionhumana.com postings were material authored by the petitioner, not about him, lacked required title/date information, and the petitioner failed to show the website was major media.
Exact record locator: findings_long.parquet filename_stem=2012-01-25_01_B2203; source_row=13751 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c