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The petitioner met only two criteria: (A) academic degree and (F) recognition/award. The ten-years full-time experience criterion was not met as no witness attested to full-time work and total experience fell short. The license/certification criterion was not met because the Peruvian professional title was not shown to be comparable to occupational licensure.…
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The petitioner met only two criteria: (A) academic degree and (F) recognition/award. The ten-years full-time experience criterion was not met as no witness attested to full-time work and total experience fell short. The license/certification criterion was not met because the Peruvian professional title was not shown to be comparable to occupational licensure. The salary/remuneration criterion was not argued with documentary support.
Exact record locator: findings_long.parquet filename_stem=2011-09-27_02_B5203; source_row=13177 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The three-year degree is not a foreign equivalent degree; the evaluations rely on a three-year program alone without peer-reviewed support, and unresolved inconsistencies in the record (graduation year, years of secondary schooling required) further undermine the petitioner's evidence.
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The three-year degree is not a foreign equivalent degree; the evaluations rely on a three-year program alone without peer-reviewed support, and unresolved inconsistencies in the record (graduation year, years of secondary schooling required) further undermine the petitioner's evidence.
Exact record locator: findings_long.parquet filename_stem=2011-09-28_04_B5203; source_row=13207 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary meets ETA Form 9089 minimum requirements
Why AAO was not persuaded
Because the three-year Australian degree is not a foreign equivalent to a U.S. baccalaureate, and the beneficiary lacks a U.S. master's or foreign equivalent, the beneficiary does not meet the labor certification's stated educational requirements.
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Because the three-year Australian degree is not a foreign equivalent to a U.S. baccalaureate, and the beneficiary lacks a U.S. master's or foreign equivalent, the beneficiary does not meet the labor certification's stated educational requirements.
Exact record locator: findings_long.parquet filename_stem=2011-09-28_04_B5203; source_row=13208 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Because the labor certification accepts alternative experience that is less than a bachelor's plus five years of progressive experience, the job does not qualify as one requiring an advanced-degree professional.
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Because the labor certification accepts alternative experience that is less than a bachelor's plus five years of progressive experience, the job does not qualify as one requiring an advanced-degree professional.
Exact record locator: findings_long.parquet filename_stem=2011-09-19_02_B5203; source_row=13160 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The beneficiary's three-year Bachelor of Commerce degree is not a foreign equivalent to a U.S. baccalaureate, and combining it with a diploma from a non-college/university institution does not cure the deficiency. USCIS requires a single qualifying foreign equivalent degree, and a combination of lesser credentials does not suffice. The evidence about Canadian and U.S.…
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The beneficiary's three-year Bachelor of Commerce degree is not a foreign equivalent to a U.S. baccalaureate, and combining it with a diploma from a non-college/university institution does not cure the deficiency. USCIS requires a single qualifying foreign equivalent degree, and a combination of lesser credentials does not suffice. The evidence about Canadian and U.S. university programs is unpersuasive because the beneficiary never participated in those programs.
Exact record locator: findings_long.parquet filename_stem=2011-09-19_01_B5203; source_row=13158 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Letters and the work record card contained inconsistencies (senior engineer vs. senior researcher, an unlisted sector-manager position) and the petitioner failed to document U.S. work experience from 1997 onward and earlier Russian work experience, with no documentation of CAD designer or export agent experience.
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Letters and the work record card contained inconsistencies (senior engineer vs. senior researcher, an unlisted sector-manager position) and the petitioner failed to document U.S. work experience from 1997 onward and earlier Russian work experience, with no documentation of CAD designer or export agent experience.
Exact record locator: findings_long.parquet filename_stem=2011-09-19_02_B5203; source_row=13161 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
USCIS has independent authority to determine whether a beneficiary meets the job requirements stated on the labor certification. The ETA-750 required a bachelor's degree in engineering, computer science, mathematics, or related field plus five years' experience, or a master's degree and two years' experience. The beneficiary's three-year commerce degree does not satisfy either alternative.
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USCIS has independent authority to determine whether a beneficiary meets the job requirements stated on the labor certification. The ETA-750 required a bachelor's degree in engineering, computer science, mathematics, or related field plus five years' experience, or a master's degree and two years' experience. The beneficiary's three-year commerce degree does not satisfy either alternative.
Exact record locator: findings_long.parquet filename_stem=2011-09-19_01_B5203; source_row=13159 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary holds required advanced degree as of priority date
Why AAO was not persuaded
AAO agreed with the director that 'holding an advanced degree' requires actual conferral. The beneficiary's MBA was conferred April 30, 2008, nearly a year after the May 1, 2007 priority date, so the requirement was not met.
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AAO agreed with the director that 'holding an advanced degree' requires actual conferral. The beneficiary's MBA was conferred April 30, 2008, nearly a year after the May 1, 2007 priority date, so the requirement was not met.
Exact record locator: findings_long.parquet filename_stem=2011-09-15_02_B5203; source_row=13154 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
beneficiary possesses required 24 months qualifying experience per labor certification
Why AAO was not persuaded
The ETA Form 9089 represented the beneficiary's qualifying experience as a guest services manager (alternate occupation, not substantially comparable to the proffered position), but the beneficiary's own G-325A stated he had worked as a front office manager — the proffered position — since February 2001.…
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The ETA Form 9089 represented the beneficiary's qualifying experience as a guest services manager (alternate occupation, not substantially comparable to the proffered position), but the beneficiary's own G-325A stated he had worked as a front office manager — the proffered position — since February 2001. This contradiction meant his experience could not be credited as qualifying experience for the certified position, and the record unresolved inconsistency precluded approval.
Exact record locator: findings_long.parquet filename_stem=2011-09-15_02_B5203; source_row=13155 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c