The Petitioner submitted a W-2 showing it paid the Beneficiary at the proffered wage rate in 2016; AAO agreed with the Director that this established ability to pay for that year.
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The Petitioner submitted a W-2 showing it paid the Beneficiary at the proffered wage rate in 2016; AAO agreed with the Director that this established ability to pay for that year.
labor certification supports advanced degree professional classification
AAO 为什么未被说服
The plain language of the labor certification requires a master's degree or equivalent but expressly permits work experience in lieu of a master's degree, meaning there is no minimum bachelor's degree floor. The regulatory definition of advanced degree professional is not a term of the labor certification and cannot be used to supply a missing educational requirement.
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The plain language of the labor certification requires a master's degree or equivalent but expressly permits work experience in lieu of a master's degree, meaning there is no minimum bachelor's degree floor. The regulatory definition of advanced degree professional is not a term of the labor certification and cannot be used to supply a missing educational requirement.
beneficiary meets experience requirements of labor certification
AAO 为什么未被说服
AAO found the updated letters could not be considered on a motion to reconsider, and the petitioner had not argued that the original experience determination was based on an incorrect application of law or policy. AAO noted it need not fully reach this issue given the labor certification classification deficiency was independently dispositive.
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AAO found the updated letters could not be considered on a motion to reconsider, and the petitioner had not argued that the original experience determination was based on an incorrect application of law or policy. AAO noted it need not fully reach this issue given the labor certification classification deficiency was independently dispositive.
Beneficiary's qualifying experience for offered position
AAO 为什么未被说服
AAO found the Director's denial improper because originals were never required by regulation nor specifically requested in the RFE. However, AAO identified independent evidentiary inconsistencies on appeal — the Beneficiary's title history suggests he may not have accumulated five years of qualifying experience by January 2015 — and thus remanded for further development of the record.
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AAO found the Director's denial improper because originals were never required by regulation nor specifically requested in the RFE. However, AAO identified independent evidentiary inconsistencies on appeal — the Beneficiary's title history suggests he may not have accumulated five years of qualifying experience by January 2015 — and thus remanded for further development of the record.
AAO reversed the Director, finding that while the Petitioner made original contributions, the record did not establish their major significance. The supporting letters lacked corroboration and were written by experts without first-hand knowledge of the implementation of the applications. Local or regional use of the tools did not demonstrate field-wide impact.
为什么值得参考
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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AAO reversed the Director, finding that while the Petitioner made original contributions, the record did not establish their major significance. The supporting letters lacked corroboration and were written by experts without first-hand knowledge of the implementation of the applications. Local or regional use of the tools did not demonstrate field-wide impact.
AAO agreed the criterion was not met but partially overruled the Director, finding that one of the employers (which the Director found to have a distinguished reputation) was actually a regional healthcare system, not the Fortune 500 company whose evidence was submitted.…
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AAO agreed the criterion was not met but partially overruled the Director, finding that one of the employers (which the Director found to have a distinguished reputation) was actually a regional healthcare system, not the Fortune 500 company whose evidence was submitted. For the other employer, the letters failed to establish that the Petitioner operated at a senior level within the organizational hierarchy or that his work had the requisite impact.
The petitioner failed to differentiate his role from other team members, and his relay contributions were shared equally among four swimmers. Letters of recommendation were insufficient to establish his role was more leading or critical than teammates. Additionally, insufficient evidence was provided to establish the Polish national team's distinguished reputation.
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The petitioner failed to differentiate his role from other team members, and his relay contributions were shared equally among four swimmers. Letters of recommendation were insufficient to establish his role was more leading or critical than teammates. Additionally, insufficient evidence was provided to establish the Polish national team's distinguished reputation.
The university webpage article lacked author and date and did not qualify as major media. Video submissions lacked required title, date, and author information. Polish-language publications lacked circulation data to establish major media status.
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The university webpage article lacked author and date and did not qualify as major media. Video submissions lacked required title, date, and author information. Polish-language publications lacked circulation data to establish major media status.
The documentation submitted was insufficient to demonstrate that the awards constitute nationally or internationally recognized awards for excellence. Points earned at swim meets, All-American certificates, and conference medals lacked evidence of national recognition or selection criteria; placement certificates lacked evidence of national/international recognition of the issuing body.
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The documentation submitted was insufficient to demonstrate that the awards constitute nationally or internationally recognized awards for excellence. Points earned at swim meets, All-American certificates, and conference medals lacked evidence of national recognition or selection criteria; placement certificates lacked evidence of national/international recognition of the issuing body.
bachelor's degree plus five years progressive post-baccalaureate experience
证据为何得到认可
AAO determined the Philippine bachelor's degree was equivalent to a U.S. bachelor's, and that experience letters from former employers documented the requisite five years of qualifying post-baccalaureate progressive experience.
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AAO determined the Philippine bachelor's degree was equivalent to a U.S. bachelor's, and that experience letters from former employers documented the requisite five years of qualifying post-baccalaureate progressive experience.