AAO found the evidence demonstrated the Petitioner served in the prestigious role of Global Practice Leader for Maritime and was tasked with building a new maritime practice and developing the global maritime practice, at a firm of distinguished reputation as shown by articles in the record.
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AAO found the evidence demonstrated the Petitioner served in the prestigious role of Global Practice Leader for Maritime and was tasked with building a new maritime practice and developing the global maritime practice, at a firm of distinguished reputation as shown by articles in the record.
Beneficiary's qualifying experience for offered position
AAO 为什么未被说服
The experience certificate did not describe specific duties performed, contained discrepancies with the labor certification application regarding concurrent employment and end dates, and did not establish that the Beneficiary performed the primary duties of the offered unit manager position.
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The experience certificate did not describe specific duties performed, contained discrepancies with the labor certification application regarding concurrent employment and end dates, and did not establish that the Beneficiary performed the primary duties of the offered unit manager position.
The Petitioner's CEO letter relied on 2015 financial data that predated the 2018 priority date by more than two years and did not account for the combined wage obligations across multiple petitions, including another approved petition as of the same priority date.
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The Petitioner's CEO letter relied on 2015 financial data that predated the 2018 priority date by more than two years and did not account for the combined wage obligations across multiple petitions, including another approved petition as of the same priority date.
The AAO found the submitted W-2s and tax returns sufficient to demonstrate the Petitioner's ability to pay the proffered wage throughout the relevant period, withdrawing the prior adverse finding on this issue.
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The AAO found the submitted W-2s and tax returns sufficient to demonstrate the Petitioner's ability to pay the proffered wage throughout the relevant period, withdrawing the prior adverse finding on this issue.
The misrepresentation was material because withholding the familial relationship information shut off a line of inquiry by DOL into whether the position of senior energy analyst was a bona fide job opportunity open to U.S. workers.
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The misrepresentation was material because withholding the familial relationship information shut off a line of inquiry by DOL into whether the position of senior energy analyst was a bona fide job opportunity open to U.S. workers.
The Petitioner's signature on the labor certification under penalty of perjury creates a strong presumption of knowledge; the claim of ineffective assistance of counsel, even if valid, does not rise to the level of fraud, deceit, or other wrongful acts by another person necessary to rebut that presumption.
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The Petitioner's signature on the labor certification under penalty of perjury creates a strong presumption of knowledge; the claim of ineffective assistance of counsel, even if valid, does not rise to the level of fraud, deceit, or other wrongful acts by another person necessary to rebut that presumption.
False representation on labor certification (Part C.9)
证据为何得到认可
The Beneficiary is the brother of the Petitioner's organizer/sole member/manager; therefore the answer 'No' to C.9 was false because a familial relationship clearly exists.
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The Beneficiary is the brother of the Petitioner's organizer/sole member/manager; therefore the answer 'No' to C.9 was false because a familial relationship clearly exists.
Timeliness / legal error in prior denial of motion to reconsider
AAO 为什么未被说服
USCIS regulations do not permit excusing untimely motions to reconsider under any circumstances. The Beneficiary neither submitted new facts nor demonstrated the prior decision was based on an incorrect application of law or policy.
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USCIS regulations do not permit excusing untimely motions to reconsider under any circumstances. The Beneficiary neither submitted new facts nor demonstrated the prior decision was based on an incorrect application of law or policy.
Individual of exceptional ability in the sciences, arts, or business
裁决如何说明
AAO did not adjudicate this issue; it remanded to the Director to consider whether the Petitioner satisfies at least three of the six regulatory criteria or has provided sufficient comparable evidence.
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AAO did not adjudicate this issue; it remanded to the Director to consider whether the Petitioner satisfies at least three of the six regulatory criteria or has provided sufficient comparable evidence.
Member of the professions holding an advanced degree
AAO 为什么未被说服
AAO agreed with the Director that the Petitioner failed to provide the original Portuguese academic record and failed to provide adequate employer letters demonstrating five years of progressive interior design experience.
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AAO agreed with the Director that the Petitioner failed to provide the original Portuguese academic record and failed to provide adequate employer letters demonstrating five years of progressive interior design experience.