AAO finds the proposed research has substantial merit because of its potential to lead to anti-cancer drugs, and national importance because dissemination through publications and conferences and the potential implications for the pharmaceutical industry and human health show broader prospective impact.
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO finds the proposed research has substantial merit because of its potential to lead to anti-cancer drugs, and national importance because dissemination through publications and conferences and the potential implications for the pharmaceutical industry and human health show broader prospective impact.
AAO cannot reach a determination on ability to pay because the record lacks the 2017 financial documentation required by regulation. The most recent tax return covers 2016, which predates the March 2017 priority date. The matter is remanded for the Director to obtain the necessary 2017 evidence.
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AAO cannot reach a determination on ability to pay because the record lacks the 2017 financial documentation required by regulation. The most recent tax return covers 2016, which predates the March 2017 priority date. The matter is remanded for the Director to obtain the necessary 2017 evidence.
evidentiary criteria at 8 C.F.R. § 204.5(k)(3)(i)(A)-(F)
裁决如何说明
AAO remands so the Director can consider the previously submitted evidence under the six criteria, with specific direction to evaluate whether the Beneficiary's membership organization is a qualifying professional association and, if three criteria are met, to conduct a final merits analysis.
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AAO remands so the Director can consider the previously submitted evidence under the six criteria, with specific direction to evaluate whether the Beneficiary's membership organization is a qualifying professional association and, if three criteria are met, to conduct a final merits analysis.
ability to pay combined proffered wages of all I-140 beneficiaries
AAO 为什么未被说服
The Petitioner's list of 99 I-140 beneficiaries omitted proffered wages and wages paid, making it impossible to determine total wage obligations. Additionally, the only tax return in the record was for 2016, pre-dating the April 2017 priority date, and 2017 financial documentation was absent, precluding any ability-to-pay assessment for the relevant period.
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The Petitioner's list of 99 I-140 beneficiaries omitted proffered wages and wages paid, making it impossible to determine total wage obligations. Additionally, the only tax return in the record was for 2016, pre-dating the April 2017 priority date, and 2017 financial documentation was absent, precluding any ability-to-pay assessment for the relevant period.
beneficiary meets educational requirements of the labor certification
证据为何得到认可
The AAO disagreed with the Director, finding that the Beneficiary's U.S. master's degree in management information systems demonstrates that the Beneficiary exceeds the educational requirements of the labor certification, which required a bachelor's degree in computer science or management information systems.
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The AAO disagreed with the Director, finding that the Beneficiary's U.S. master's degree in management information systems demonstrates that the Beneficiary exceeds the educational requirements of the labor certification, which required a bachelor's degree in computer science or management information systems.
Offered position requires an advanced degree professional
证据为何得到认可
AAO found that the Director's interpretation disregarded Part H.14 of the labor certification, which clearly summarizes that no less than a bachelor's degree and five years of experience is acceptable. Reading the ETA Form 9089 as a whole, and supported by the Petitioner's recruitment materials, the offered position requires a professional holding an advanced degree.
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AAO found that the Director's interpretation disregarded Part H.14 of the labor certification, which clearly summarizes that no less than a bachelor's degree and five years of experience is acceptable. Reading the ETA Form 9089 as a whole, and supported by the Petitioner's recruitment materials, the offered position requires a professional holding an advanced degree.
AAO found that the EIN on the Form I-140 and labor certification differed from the EIN on the submitted tax returns, making those returns insufficient to establish the Petitioner's ability to pay. The Petitioner's attempt to correct the EIN was contradicted by USCIS records showing multiple other petitions filed using the same disputed EIN.…
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AAO found that the EIN on the Form I-140 and labor certification differed from the EIN on the submitted tax returns, making those returns insufficient to establish the Petitioner's ability to pay. The Petitioner's attempt to correct the EIN was contradicted by USCIS records showing multiple other petitions filed using the same disputed EIN. Additionally, because other I-140 petitions were filed on behalf of multiple beneficiaries, the Petitioner must demonstrate ability to pay the combined proffered wages of all applicable beneficiaries.
Leading or Critical Role for Organizations with Distinguished Reputation
AAO 为什么未被说服
AAO found that the recommendation letters confirmed coaching experience but did not demonstrate a leading or critical role for organizations with a distinguished reputation. Personal training of individual athletes does not satisfy the requirement for an organizational role.
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AAO found that the recommendation letters confirmed coaching experience but did not demonstrate a leading or critical role for organizations with a distinguished reputation. Personal training of individual athletes does not satisfy the requirement for an organizational role.
Published Material in Professional or Major Trade Publications or Other Major Media
AAO 为什么未被说服
AAO found that the submitted materials either lacked required elements (title, date, author) or the Petitioner failed to demonstrate that the publications/media qualified as professional, major trade publications, or major media.
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AAO found that the submitted materials either lacked required elements (title, date, author) or the Petitioner failed to demonstrate that the publications/media qualified as professional, major trade publications, or major media.