successor in interest to labor certification employer
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AAO concluded the Petitioner did not demonstrate acquisition of the labor certification employer's rights and obligations, did not document an ownership transfer, and that a common third-party acquirer does not make the Petitioner a successor to its sister entity.
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AAO concluded the Petitioner did not demonstrate acquisition of the labor certification employer's rights and obligations, did not document an ownership transfer, and that a common third-party acquirer does not make the Petitioner a successor to its sister entity.
beneficiary's qualifying experience per labor certification
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Excluding two years of experience the Beneficiary gained with the labor certification employer in the same job, and treating part-time experience as half-time, the record showed only about 2 years 10 months of qualifying experience, short of the required 3 years.
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Excluding two years of experience the Beneficiary gained with the labor certification employer in the same job, and treating part-time experience as half-time, the record showed only about 2 years 10 months of qualifying experience, short of the required 3 years.
The acquisition agreement was missing pages and did not address subsidiaries; no evidence corroborated the claimed transfer of prepaid card programs from the labor certification employer to Petitioner.
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The acquisition agreement was missing pages and did not address subsidiaries; no evidence corroborated the claimed transfer of prepaid card programs from the labor certification employer to Petitioner.
three years of qualifying experience by priority date
AAO 为什么未被说服
Experience with the labor certification employer in the same offered position must be excluded under 20 C.F.R. § 656.17(i)(3); the remaining full-time experience plus part-time experience (counted at half-time) totals less than three years of full-time qualifying experience.
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Experience with the labor certification employer in the same offered position must be excluded under 20 C.F.R. § 656.17(i)(3); the remaining full-time experience plus part-time experience (counted at half-time) totals less than three years of full-time qualifying experience.
The AAO agreed with the Director that the Petitioner's authorship of more than 20 articles in peer-reviewed scientific journals satisfies this criterion.
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了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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The AAO agreed with the Director that the Petitioner's authorship of more than 20 articles in peer-reviewed scientific journals satisfies this criterion.
The AAO agreed with the Director that the Petitioner's service as a reviewer for a workshop and three scientific journals on eight occasions satisfies the plain language of this criterion.
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了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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The AAO agreed with the Director that the Petitioner's service as a reviewer for a workshop and three scientific journals on eight occasions satisfies the plain language of this criterion.
Minimum experience requirement per labor certification
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AAO found that the Beneficiary's Form G-325A, on which he listed 'none' for employment in the last five years and no foreign occupation, directly contradicted the employment history he claimed on the labor certification, undermining the employer letters submitted in support.
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AAO found that the Beneficiary's Form G-325A, on which he listed 'none' for employment in the last five years and no foreign occupation, directly contradicted the employment history he claimed on the labor certification, undermining the employer letters submitted in support.
Minimum education requirement per labor certification
AAO 为什么未被说服
AAO held that Section H of the labor certification plainly states no foreign educational equivalent is acceptable, and USCIS must read and apply the plain language of the labor certification as completed.…
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AAO held that Section H of the labor certification plainly states no foreign educational equivalent is acceptable, and USCIS must read and apply the plain language of the labor certification as completed. The Petitioner's argument that the entry was a clerical error was unpersuasive because it was not analogous to the minor typographical errors in the cited BALCA cases, and post-filing modification of a labor certification filed after July 16, 2007 is barred.
Beneficiary meets minimum educational requirements of labor certification
AAO 为什么未被说服
The labor certification expressly states that no foreign educational equivalent is acceptable and requires a U.S. bachelor's or master's degree. The Beneficiary holds only an Indian bachelor of technology degree. Section H controls the job requirements; sections J and K address only the Beneficiary's individual qualifications. The labor certification cannot be modified after filing under 20 C.F.R.…
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The labor certification expressly states that no foreign educational equivalent is acceptable and requires a U.S. bachelor's or master's degree. The Beneficiary holds only an Indian bachelor of technology degree. Section H controls the job requirements; sections J and K address only the Beneficiary's individual qualifications. The labor certification cannot be modified after filing under 20 C.F.R. § 656.11(b), and USCIS must read and apply the plain language of the certified job offer.
AAO found the caption was not directly about the Petitioner and that the article in the second publication did not demonstrate acclaim; evidence considered in final merits determination rather than as a qualifying criterion.
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AAO found the caption was not directly about the Petitioner and that the article in the second publication did not demonstrate acclaim; evidence considered in final merits determination rather than as a qualifying criterion.