ability to pay proffered wage to all I-140 beneficiaries
AAO 为什么未被说服
The Petitioner's fiscal year 2015 net income of $180,257 would have covered the proffered wage of $71,053 for this Beneficiary alone, but the Petitioner failed to provide information about over 125 other I-140 petitions, making it impossible to determine its combined wage obligations. Projected earnings, line of credit, and bank statements were each insufficient as alternative evidence.
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The Petitioner's fiscal year 2015 net income of $180,257 would have covered the proffered wage of $71,053 for this Beneficiary alone, but the Petitioner failed to provide information about over 125 other I-140 petitions, making it impossible to determine its combined wage obligations. Projected earnings, line of credit, and bank statements were each insufficient as alternative evidence.
AAO agreed Petitioner failed to establish ability to pay in 2012 by preponderance of the evidence based on wages paid, net income, or net current assets, but disagreed with the Director's use of proration and lack of totality analysis.
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AAO agreed Petitioner failed to establish ability to pay in 2012 by preponderance of the evidence based on wages paid, net income, or net current assets, but disagreed with the Director's use of proration and lack of totality analysis.
five years of qualifying experience per labor certification
AAO 为什么未被说服
Two of the three experience letters lack the title and/or address of the author and a description of duties as required by 8 C.F.R. § 204.5(g)(1), so the record does not establish five years of qualifying experience.
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Two of the three experience letters lack the title and/or address of the author and a description of duties as required by 8 C.F.R. § 204.5(g)(1), so the record does not establish five years of qualifying experience.
AAO held that this new ground could not support revocation because it was not raised in the NOIR, and in any event found that the record establishes the Beneficiary has the five years of experience performing the duties of the offered position as required by the labor certification.
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AAO held that this new ground could not support revocation because it was not raised in the NOIR, and in any event found that the record establishes the Beneficiary has the five years of experience performing the duties of the offered position as required by the labor certification.
Managerial capacity as a requirement for EB-2 advanced degree classification
证据为何得到认可
AAO found that neither the Act, the regulations, nor the labor certification require the Beneficiary to be employed in a managerial capacity for EB-2 advanced degree classification, and that the Director imposed a non-existent requirement.
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AAO found that neither the Act, the regulations, nor the labor certification require the Beneficiary to be employed in a managerial capacity for EB-2 advanced degree classification, and that the Director imposed a non-existent requirement.
Beneficiary's concurrent employment with another business
证据为何得到认可
AAO found the Director's conclusions about the Beneficiary's business ownership during the overlapping period to be ill-founded given the evidence submitted, and noted the Director failed to articulate how this uncertainty was material to the Beneficiary's qualifications for the offered position.
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AAO found the Director's conclusions about the Beneficiary's business ownership during the overlapping period to be ill-founded given the evidence submitted, and noted the Director failed to articulate how this uncertainty was material to the Beneficiary's qualifications for the offered position.
AAO concluded that the reference letters did not show the Petitioner originated the techniques he uses; that several letters contained near-identical language and two were unsigned, limiting probative value; that media coverage lacked complete certified translations; and that membership and awards were not shown to be distinguishing.…
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣，以及过去经历与未来计划之间的连接。
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AAO concluded that the reference letters did not show the Petitioner originated the techniques he uses; that several letters contained near-identical language and two were unsigned, limiting probative value; that media coverage lacked complete certified translations; and that membership and awards were not shown to be distinguishing. The record did not demonstrate a record of success, citation to his research, or interest from relevant parties sufficient to render him well positioned.
Bona fide intent to employ beneficiary at petition filing
证据为何得到认可
AAO held that pre-petition irregular employment does not establish lack of future intent to employ, as a petitioner need not actually employ a beneficiary before or during petition proceedings.…
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AAO held that pre-petition irregular employment does not establish lack of future intent to employ, as a petitioner need not actually employ a beneficiary before or during petition proceedings. The overall record—including regular employment from 2004 to 2006, the filing of the labor certification and petition, and the president's later refusal to re-sign a job offer once intent had dissipated—supported genuine intent at filing.
AAO found substantial merit and national importance as to the proposed endeavor of developing novel surgical/non-surgical spinal treatments, but found neither the clinical patient-care work nor the proposed U.S. hospital had been shown to have national importance.
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 found substantial merit and national importance as to the proposed endeavor of developing novel surgical/non-surgical spinal treatments, but found neither the clinical patient-care work nor the proposed U.S. hospital had been shown to have national importance.