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10,847 decisions /36,849 findings
Showing 24321–24330
NIWNIW · EB-2 baselineNot established
Case facts
Computer Science / AI
Issue evaluated
NIW · EB-2 baseline
Advanced degree or equivalent qualification
Why AAO was not persuaded
The beneficiary's certificate was not the equivalent of a baccalaureate degree, employer letters had discrepant dates and failed to verify required skills, and neither letter indicated full-time or part-time status. Even assuming the certificate were equivalent to a baccalaureate, the missing specific date of acquisition precluded verification of five years of progressive experience.
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The beneficiary's certificate was not the equivalent of a baccalaureate degree, employer letters had discrepant dates and failed to verify required skills, and neither letter indicated full-time or part-time status. Even assuming the certificate were equivalent to a baccalaureate, the missing specific date of acquisition precluded verification of five years of progressive experience.
Exact record locator: findings_long.parquet filename_stem=2011-08-26_05_B5203; source_row=13113 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
No financial evidence covered the period from the November 8, 2007 priority date onward; unaudited financial statements are insufficient; and the promised 2007 tax return was never received, leaving the ability to pay unestablished.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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No financial evidence covered the period from the November 8, 2007 priority date onward; unaudited financial statements are insufficient; and the promised 2007 tax return was never received, leaving the ability to pay unestablished.
Exact record locator: findings_long.parquet filename_stem=2011-08-26_06_B5203; source_row=13116 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Continuing ability to pay proffered wage from priority date
Why AAO was not persuaded
The 2006 tax return pre-dates the November 8, 2007 priority date and cannot demonstrate ability to pay from that date forward. The reviewed (unaudited) financial statements do not satisfy the regulatory requirement for audited financial statements. The promised 2007 tax return was never submitted. Without any financial evidence from the priority date onward, the petitioner failed to demonstrate continuing ability to pay.
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The 2006 tax return pre-dates the November 8, 2007 priority date and cannot demonstrate ability to pay from that date forward. The reviewed (unaudited) financial statements do not satisfy the regulatory requirement for audited financial statements. The promised 2007 tax return was never submitted. Without any financial evidence from the priority date onward, the petitioner failed to demonstrate continuing ability to pay.
Exact record locator: findings_long.parquet filename_stem=2011-08-26_04_B5203; source_row=13112 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Labor certification job offer requires advanced degree professional or alien of exceptional ability
Why AAO was not persuaded
The labor certification's Part H.4 requires only a bachelor's degree in psychology or commerce with no experience, and the alternative combination in H.8 offers only a master's degree plus two years of experience. Neither option satisfies the regulatory requirement that the job offer demonstrate need for an advanced degree professional — specifically a bachelor's degree plus five years of progressive experience.
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Use the reasoning to identify the specific factual or documentary gap AAO considered material.
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The labor certification's Part H.4 requires only a bachelor's degree in psychology or commerce with no experience, and the alternative combination in H.8 offers only a master's degree plus two years of experience. Neither option satisfies the regulatory requirement that the job offer demonstrate need for an advanced degree professional — specifically a bachelor's degree plus five years of progressive experience.
Exact record locator: findings_long.parquet filename_stem=2011-08-26_04_B5203; source_row=13109 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Job offer requires advanced degree or exceptional ability / proper visa classification
Why AAO was not persuaded
The AAO agreed the labor certification did not support EB-2 classification, but found that because the director had invited amendment and the petitioner had signed a form requesting third-preference skilled worker adjudication, the petition should have been adjudicated under EB-3 rather than denied.
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The AAO agreed the labor certification did not support EB-2 classification, but found that because the director had invited amendment and the petitioner had signed a form requesting third-preference skilled worker adjudication, the petition should have been adjudicated under EB-3 rather than denied.
Exact record locator: findings_long.parquet filename_stem=2011-08-26_02_B5203; source_row=13106 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The only financial evidence is a 2006 tax return predating the 2008 priority date, and there is no evidence of wages paid to the beneficiary, so the petitioner failed to demonstrate continuing ability to pay.
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The only financial evidence is a 2006 tax return predating the 2008 priority date, and there is no evidence of wages paid to the beneficiary, so the petitioner failed to demonstrate continuing ability to pay.
Exact record locator: findings_long.parquet filename_stem=2011-08-26_03_B5203; source_row=13108 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The record contains no financial evidence covering the priority date of November 8, 2007 onward. The 2006 tax return predates the priority date and the promised 2007 tax return was never submitted. Unaudited financial statements are not persuasive evidence under 8 C.F.R. § 204.5(g)(2). No wages paid to the beneficiary were documented.
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The record contains no financial evidence covering the priority date of November 8, 2007 onward. The 2006 tax return predates the priority date and the promised 2007 tax return was never submitted. Unaudited financial statements are not persuasive evidence under 8 C.F.R. § 204.5(g)(2). No wages paid to the beneficiary were documented.
Exact record locator: findings_long.parquet filename_stem=2011-08-26_07_B5203; source_row=13119 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Labor certification requires advanced degree professional
Why AAO was not persuaded
The labor certification's primary requirement of a bachelor's degree in psychology or commerce with no experience does not demonstrate that the job requires an advanced degree professional under 8 C.F.R. § 204.5(k)(4).
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The labor certification's primary requirement of a bachelor's degree in psychology or commerce with no experience does not demonstrate that the job requires an advanced degree professional under 8 C.F.R. § 204.5(k)(4).
Exact record locator: findings_long.parquet filename_stem=2011-08-26_07_B5203; source_row=13117 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Continuing ability to pay proffered wage from priority date
Why AAO was not persuaded
No financial evidence covers the November 8, 2007 priority date onward. The petitioner did not demonstrate it paid the beneficiary the proffered wage, did not submit audited financial statements, and never provided the promised 2007 tax return. The 2006 data alone is insufficient to demonstrate continuing ability to pay.
Why this is useful
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No financial evidence covers the November 8, 2007 priority date onward. The petitioner did not demonstrate it paid the beneficiary the proffered wage, did not submit audited financial statements, and never provided the promised 2007 tax return. The 2006 data alone is insufficient to demonstrate continuing ability to pay.
Exact record locator: findings_long.parquet filename_stem=2011-08-26_05_B5203; source_row=13114 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Relying on EDGE and the credential evaluations, AAO concluded the beneficiary's three-year bachelor's plus Master of Computer Applications is comparable to a U.S. Master's degree.
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Relying on EDGE and the credential evaluations, AAO concluded the beneficiary's three-year bachelor's plus Master of Computer Applications is comparable to a U.S. Master's degree.
Exact record locator: findings_long.parquet filename_stem=2011-08-24_02_B5203; source_row=13104 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c