The new certificates submitted on appeal were unsupported by independent documentary evidence and were internally inconsistent with previously submitted materials — specifically, the names of award recipients differed between the certificates and a social media article describing the same ceremony. The Petitioner did not resolve these discrepancies with objective evidence.
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The new certificates submitted on appeal were unsupported by independent documentary evidence and were internally inconsistent with previously submitted materials — specifically, the names of award recipients differed between the certificates and a social media article describing the same ceremony. The Petitioner did not resolve these discrepancies with objective evidence.
AAO agreed that the ICAI is a professional association, not a college or university, and that its membership certificate is not a degree. Educational comparability to a U.S. bachelor's degree does not transform the ICAI credential into a foreign equivalent degree. The academic equivalency evaluations relied improperly on the ICAI certificate as a degree.…
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AAO agreed that the ICAI is a professional association, not a college or university, and that its membership certificate is not a degree. Educational comparability to a U.S. bachelor's degree does not transform the ICAI credential into a foreign equivalent degree. The academic equivalency evaluations relied improperly on the ICAI certificate as a degree. Prior non-precedent AAO decisions to the contrary are not binding and that finding was also dicta.
minimum educational requirement of the labor certification
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For the same reasons the ICAI membership does not constitute a foreign equivalent degree under 8 C.F.R. § 204.5(k)(3)(i)(B), the Beneficiary does not satisfy the labor certification's minimum educational requirement of a bachelor's degree or foreign educational equivalent.
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For the same reasons the ICAI membership does not constitute a foreign equivalent degree under 8 C.F.R. § 204.5(k)(3)(i)(B), the Beneficiary does not satisfy the labor certification's minimum educational requirement of a bachelor's degree or foreign educational equivalent.
AAO found that the Petitioner's sporadic auditing and editing activities, limited and sparsely cited publication record, modest downloads, and reference letters lacking specific detail about field-wide impact collectively fell short of demonstrating sustained national or international acclaim and placement among the small percentage at the very top of the field.
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AAO found that the Petitioner's sporadic auditing and editing activities, limited and sparsely cited publication record, modest downloads, and reference letters lacking specific detail about field-wide impact collectively fell short of demonstrating sustained national or international acclaim and placement among the small percentage at the very top of the field.
The Petitioner provided ability-to-pay evidence only for 2017, but the priority date was September 7, 2018. No evidence for 2018 was in the record, so AAO could not find the Petitioner had the required continuing ability to pay.
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The Petitioner provided ability-to-pay evidence only for 2017, but the priority date was September 7, 2018. No evidence for 2018 was in the record, so AAO could not find the Petitioner had the required continuing ability to pay.
24 months of qualifying experience by priority date
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AAO agreed that the omission of qualifying experience from the labor certification undermines the credibility of that experience, and that no independent objective evidence was presented to rehabilitate it. The only confirmed experience (Universidad) covered less than 24 months, and the Petitioner disclaimed reliance on its own employment of the Beneficiary.
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AAO agreed that the omission of qualifying experience from the labor certification undermines the credibility of that experience, and that no independent objective evidence was presented to rehabilitate it. The only confirmed experience (Universidad) covered less than 24 months, and the Petitioner disclaimed reliance on its own employment of the Beneficiary.
AAO agreed with the Director that journal articles citing the Beneficiary's research among dozens of other citations do not qualify as published material about the Beneficiary. AAO also noted the Petitioner misquoted the applicable regulation, citing the outstanding professor/researcher standard rather than the extraordinary ability standard.
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AAO agreed with the Director that journal articles citing the Beneficiary's research among dozens of other citations do not qualify as published material about the Beneficiary. AAO also noted the Petitioner misquoted the applicable regulation, citing the outstanding professor/researcher standard rather than the extraordinary ability standard.