beneficiary possession of minimum required experience
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The Jamaican agency letter stated only job title and dates without describing duties or expertise. The co-worker letter lacked corroboration of the signatory's employment at the agency. U.S. experience letters were not from the claimed employers and no unavailability was shown. Experience gained with the Petitioner as a contract employee cannot be counted because it was substantially comparable to the offered position.
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The Jamaican agency letter stated only job title and dates without describing duties or expertise. The co-worker letter lacked corroboration of the signatory's employment at the agency. U.S. experience letters were not from the claimed employers and no unavailability was shown. Experience gained with the Petitioner as a contract employee cannot be counted because it was substantially comparable to the offered position.
The Petitioner lacked required documentary evidence for 2014 and 2015, and for 2013 demonstrated negative net income and net current assets. The 2016 payment of the proffered wage does not retroactively establish ability to pay in prior years. The Sonegawa totality-of-circumstances analysis also failed due to declining revenues, shrinking workforce, and the need to cover combined proffered wages for multiple beneficiaries.
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The Petitioner lacked required documentary evidence for 2014 and 2015, and for 2013 demonstrated negative net income and net current assets. The 2016 payment of the proffered wage does not retroactively establish ability to pay in prior years. The Sonegawa totality-of-circumstances analysis also failed due to declining revenues, shrinking workforce, and the need to cover combined proffered wages for multiple beneficiaries.
AAO found that the Beneficiary's performances at festivals established eligibility for the artistic display criterion under 8 C.F.R. § 204.5(h)(3)(vii).
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AAO found that the Beneficiary's performances at festivals established eligibility for the artistic display criterion under 8 C.F.R. § 204.5(h)(3)(vii).
Beneficiary meets labor certification experience requirements by priority date
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AAO found persistent, material inconsistencies in job titles, duties, and start dates across letters written in 2010, 2014, and 2017; the 2017 letters appeared to retroactively combine duties from earlier letters in an attempt to reconcile prior inconsistencies; and the tax returns and accountant's report neither resolved the inconsistencies nor independently verified qualifying employment.
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AAO found persistent, material inconsistencies in job titles, duties, and start dates across letters written in 2010, 2014, and 2017; the 2017 letters appeared to retroactively combine duties from earlier letters in an attempt to reconcile prior inconsistencies; and the tax returns and accountant's report neither resolved the inconsistencies nor independently verified qualifying employment.
Petitioner's continuing ability to pay proffered wage
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AAO held that a disregarded entity's parent tax returns cannot substitute for the Petitioner's own financials because the Petitioner is a separate legal entity. AAO also found the Petitioner failed to demonstrate ability to pay across multiple concurrent I-140 beneficiaries and that the Sonegawa totality-of-circumstances factors did not support a finding of ability to pay.
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AAO held that a disregarded entity's parent tax returns cannot substitute for the Petitioner's own financials because the Petitioner is a separate legal entity. AAO also found the Petitioner failed to demonstrate ability to pay across multiple concurrent I-140 beneficiaries and that the Sonegawa totality-of-circumstances factors did not support a finding of ability to pay.
AAO implicitly affirms the director's conclusion that a labor certification requiring only a bachelor's degree and 48 months of experience does not satisfy the advanced degree professional classification standard.
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AAO implicitly affirms the director's conclusion that a labor certification requiring only a bachelor's degree and 48 months of experience does not satisfy the advanced degree professional classification standard.
The Form 990-EZ showed net income below the proffered wage in both years; the Finance Reports lacked independent review and identified no specific figures supporting ability to pay; bank statements are not a primary evidence type under the regulation and a depletion analysis showed the account would have been depleted well before year-end 2015; and the totality of circumstances under Sonegawa did not demonstrate ability to…
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The Form 990-EZ showed net income below the proffered wage in both years; the Finance Reports lacked independent review and identified no specific figures supporting ability to pay; bank statements are not a primary evidence type under the regulation and a depletion analysis showed the account would have been depleted well before year-end 2015; and the totality of circumstances under Sonegawa did not demonstrate ability to pay.