Ability to pay combined proffered wages of multiple petitions
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The combined proffered wages of this and five other applicable I-140 petitions totaled $618,008. After crediting $316,973.65 in wages paid to all beneficiaries, the remaining shortfall of $301,034.35 far exceeded the Petitioner's net income ($10,543) and net current assets ($15,725).
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The combined proffered wages of this and five other applicable I-140 petitions totaled $618,008. After crediting $316,973.65 in wages paid to all beneficiaries, the remaining shortfall of $301,034.35 far exceeded the Petitioner's net income ($10,543) and net current assets ($15,725).
Petitioner's intention to permanently employ the Beneficiary
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The Petitioner's forfeiture of its corporate status in Texas undermined evidence of a genuine, continuing intention to permanently employ the Beneficiary in the offered full-time senior programmer analyst position.
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The Petitioner's forfeiture of its corporate status in Texas undermined evidence of a genuine, continuing intention to permanently employ the Beneficiary in the offered full-time senior programmer analyst position.
Ability to pay via net income and net current assets
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AAO rejected the Petitioner's net current assets calculation as a miscalculation; the correct figure from Schedule L was $15,725. The bank account balances were already captured in the end-of-year cash on the tax return, and the Petitioner did not show they represented additional funds. The $25,000 line of credit was also rejected because credit lines are not guaranteed.
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AAO rejected the Petitioner's net current assets calculation as a miscalculation; the correct figure from Schedule L was $15,725. The bank account balances were already captured in the end-of-year cash on the tax return, and the Petitioner did not show they represented additional funds. The $25,000 line of credit was also rejected because credit lines are not guaranteed.
Validity of labor certification for area of intended employment
证据为何得到认可
AAO found that a preponderance of the evidence established the validity of the New Jersey area of intended employment listed on the labor certification, overcoming the Director's finding.
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AAO found that a preponderance of the evidence established the validity of the New Jersey area of intended employment listed on the labor certification, overcoming the Director's finding.
The Petitioner's 2013 tax return did not cover the 2014 priority date, and the 2014 financial statement was not shown to be audited as required. Additionally, the Petitioner filed at least 16 other I-140 petitions whose combined proffered wages must be accounted for, but the record lacked the necessary wage and priority date information to calculate the combined obligation.
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The Petitioner's 2013 tax return did not cover the 2014 priority date, and the 2014 financial statement was not shown to be audited as required. Additionally, the Petitioner filed at least 16 other I-140 petitions whose combined proffered wages must be accounted for, but the record lacked the necessary wage and priority date information to calculate the combined obligation.
Original contributions of major significance in the field
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AAO found the awards merely recognized the Petitioner's athletic accomplishments and potential, not original contributions. The claim that he inspired younger athletes was unsupported by evidence directly and exclusively linking his achievements to increased participation in weightlifting.
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区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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AAO found the awards merely recognized the Petitioner's athletic accomplishments and potential, not original contributions. The claim that he inspired younger athletes was unsupported by evidence directly and exclusively linking his achievements to increased participation in weightlifting.
Published material in professional or major trade publications or other major media
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AAO found two Sport articles were about the Petitioner and included required date/author information, but the record lacked circulation data to establish Sport as a major medium. Other print articles were not about the Petitioner. The broadcast documentary could not be verified as having been published in a major medium because the letter did not confirm the channel on which it aired and no viewer estimates were provided.
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AAO found two Sport articles were about the Petitioner and included required date/author information, but the record lacked circulation data to establish Sport as a major medium. Other print articles were not about the Petitioner. The broadcast documentary could not be verified as having been published in a major medium because the letter did not confirm the channel on which it aired and no viewer estimates were provided.
High salary or significantly high remuneration in relation to others in the field
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AAO found that while the Petitioner's total remuneration exceeded 58 million in 2017, the statistics report only provided national average wages for broad categories not specific to athletes or weightlifters, and contained no data on top earners, making it impossible to establish that his earnings were significantly high relative to other weightlifters.
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AAO found that while the Petitioner's total remuneration exceeded 58 million in 2017, the statistics report only provided national average wages for broad categories not specific to athletes or weightlifters, and contained no data on top earners, making it impossible to establish that his earnings were significantly high relative to other weightlifters.
AAO found that while the World Championships is a high-caliber competition, the record lacked evidence of broad international press coverage comparable to the Olympic Games, and the award does not achieve the same public recognition as Nobel, Pulitzer, Academy Awards, or Olympic medals.
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AAO found that while the World Championships is a high-caliber competition, the record lacked evidence of broad international press coverage comparable to the Olympic Games, and the award does not achieve the same public recognition as Nobel, Pulitzer, Academy Awards, or Olympic medals.