Ability to pay combined proffered wages of all applicable petitions
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Under 8 C.F.R. § 204.5(g)(2), a petitioner must demonstrate ability to pay the proffered wage of each petition it files. The combined proffered wages of seven other petitions totaled $577,595; the Petitioner paid other beneficiaries $323,367.84 against that obligation, leaving a gap of over $254,000.…
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Under 8 C.F.R. § 204.5(g)(2), a petitioner must demonstrate ability to pay the proffered wage of each petition it files. The combined proffered wages of seven other petitions totaled $577,595; the Petitioner paid other beneficiaries $323,367.84 against that obligation, leaving a gap of over $254,000. Net income and net current assets were insufficient to cover that difference, and at least one petition was omitted from the Petitioner's chart.
Intention to permanently employ the Beneficiary in the offered position
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A USCIS site visit found that the Petitioner's only client had abandoned its office and ceased doing business, undermining the labor certification's statement that the Beneficiary would work at client sites.
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A USCIS site visit found that the Petitioner's only client had abandoned its office and ceased doing business, undermining the labor certification's statement that the Beneficiary would work at client sites.
Wages paid to beneficiary equal or exceed proffered wage
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The Petitioner paid $60,734.49 in 2016, which does not meet the annual proffered wage of $81,952. USCIS policy does not permit proration, and even if it did, the W-2 includes pre-priority-date payments and would not establish ability to pay the prorated wage after the priority date.
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The Petitioner paid $60,734.49 in 2016, which does not meet the annual proffered wage of $81,952. USCIS policy does not permit proration, and even if it did, the W-2 includes pre-priority-date payments and would not establish ability to pay the prorated wage after the priority date.
A single citation in another author's book chapter and web articles about the beneficiary's graduate school experiences, from sites not shown to be major trade publications or major media, do not meet the plain language requirement that the beneficiary be the subject of published material.
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A single citation in another author's book chapter and web articles about the beneficiary's graduate school experiences, from sites not shown to be major trade publications or major media, do not meet the plain language requirement that the beneficiary be the subject of published material.
final merits determination — sustained national or international acclaim
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Despite positive indicators such as a selective scholarship, internal acclaim at the employer, a blog with notable subscribers, and leadership roles, none of the evidence established sustained national or international acclaim or that the beneficiary has risen to the very top of the field of business strategy and leadership.
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Despite positive indicators such as a selective scholarship, internal acclaim at the employer, a blog with notable subscribers, and leadership roles, none of the evidence established sustained national or international acclaim or that the beneficiary has risen to the very top of the field of business strategy and leadership.
intended work will require exceptional ability (Schedule A Group II)
证据为何得到认可
AAO accepts that the Petitioner's reputation and history of high-profile projects, combined with AAO's prior finding that the Beneficiary's work on the cited project denoted exceptional ability, establishes that future work for the Petitioner will require exceptional ability.
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AAO accepts that the Petitioner's reputation and history of high-profile projects, combined with AAO's prior finding that the Beneficiary's work on the cited project denoted exceptional ability, establishes that future work for the Petitioner will require exceptional ability.
On reconsideration, AAO concludes the majority of duties listed on the ETA 9089 are those of a fine artist, and some interior-design work the Beneficiary performed also involved fine-artist duties, so the record establishes 10 years of qualifying experience by a preponderance of the evidence.
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On reconsideration, AAO concludes the majority of duties listed on the ETA 9089 are those of a fine artist, and some interior-design work the Beneficiary performed also involved fine-artist duties, so the record establishes 10 years of qualifying experience by a preponderance of the evidence.
The beneficiary's work developing a product strategy framework and newsletter at his employer constituted original contributions of major significance within the company.
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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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The beneficiary's work developing a product strategy framework and newsletter at his employer constituted original contributions of major significance within the company.
leading or critical role for distinguished organizations
证据为何得到认可
The record showed that the beneficiary led Product Strategy and Business Operations for Sponsored Content and led a team to develop a highly successful product, satisfying the leading or critical role criterion.
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The record showed that the beneficiary led Product Strategy and Business Operations for Sponsored Content and led a team to develop a highly successful product, satisfying the leading or critical role criterion.
The beneficiary's membership in a selective scholarship program open to a small percentage of graduate students was sufficient to satisfy this criterion.
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The beneficiary's membership in a selective scholarship program open to a small percentage of graduate students was sufficient to satisfy this criterion.