ability to pay proffered wage from priority date onward
AAO 为什么未被说服
AAO agreed that Code S amounts could be added to wages (partially agreeing with petitioner's appeal argument) but rejected Code DD amounts because the record showed no elective cafeteria plan deferrals. After adjusting wages, the shortfall in 2014 and 2015 remained uncovered by net income or net current assets. The amended 2014 tax return was disregarded for lack of IRS receipt evidence.…
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AAO agreed that Code S amounts could be added to wages (partially agreeing with petitioner's appeal argument) but rejected Code DD amounts because the record showed no elective cafeteria plan deferrals. After adjusting wages, the shortfall in 2014 and 2015 remained uncovered by net income or net current assets. The amended 2014 tax return was disregarded for lack of IRS receipt evidence. Bank statements were not among the enumerated types of evidence and could not demonstrate sustainable ability to pay. The Sonegawa totality-of-circumstances analysis also failed.
beneficiary meets minimum experience requirements of labor certification
AAO 为什么未被说服
The Beneficiary's experience with the Petitioner itself could not be used because the position was substantially comparable to the offered position. The only other qualifying experience was a 2005 internship, but the attestation letter was defective (unsigned, missing title, no duty description), and a supplemental letter from a co-intern did not meet regulatory requirements and could not cover the full period claimed.
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The Beneficiary's experience with the Petitioner itself could not be used because the position was substantially comparable to the offered position. The only other qualifying experience was a 2005 internship, but the attestation letter was defective (unsigned, missing title, no duty description), and a supplemental letter from a co-intern did not meet regulatory requirements and could not cover the full period claimed.
AAO found the Petitioner well positioned based on his qualifications as entrepreneur and CEO, actions taken to grow the business, and praise from colleagues and industry partners.
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 found the Petitioner well positioned based on his qualifications as entrepreneur and CEO, actions taken to grow the business, and praise from colleagues and industry partners.
AAO found substantial merit based on the entrepreneurial nature of the work but found national importance not established because the Petitioner did not provide updated projections, comparative industry data, or other evidence showing prospective impact beyond his own company on the regional or national economy.
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 based on the entrepreneurial nature of the work but found national importance not established because the Petitioner did not provide updated projections, comparative industry data, or other evidence showing prospective impact beyond his own company on the regional or national economy.
Beneficiary holds an advanced degree or foreign equivalent
AAO 为什么未被说服
AAO concluded the Beneficiary does not possess a single foreign equivalent bachelor's degree plus five years of progressive experience, nor an advanced degree, so he cannot qualify under section 203(b)(2).
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AAO concluded the Beneficiary does not possess a single foreign equivalent bachelor's degree plus five years of progressive experience, nor an advanced degree, so he cannot qualify under section 203(b)(2).
Offered position requires a professional with an advanced degree
证据为何得到认可
AAO found, based on the O*NET code 27-3031 and the OOH entry for public relations specialist, that a baccalaureate degree is required for entry, making the offered position a professional occupation under 8 C.F.R. § 204.5(k)(2). AAO withdrew this portion of the Director's decision.
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AAO found, based on the O*NET code 27-3031 and the OOH entry for public relations specialist, that a baccalaureate degree is required for entry, making the offered position a professional occupation under 8 C.F.R. § 204.5(k)(2). AAO withdrew this portion of the Director's decision.
Beneficiary meets educational requirements of labor certification
AAO 为什么未被说服
The Beneficiary's diplomas are not shown to be equivalent to a U.S. bachelor's degree, and the experience-based evaluation applies only to H-1B nonimmigrant petitions, not to immigrant petitions.
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The Beneficiary's diplomas are not shown to be equivalent to a U.S. bachelor's degree, and the experience-based evaluation applies only to H-1B nonimmigrant petitions, not to immigrant petitions.
AAO found that the Petitioner submitted samples of music and performance evidence but did not provide the required box office receipts or music sales figures required by the regulation.
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AAO found that the Petitioner submitted samples of music and performance evidence but did not provide the required box office receipts or music sales figures required by the regulation.
AAO found that submitted materials variously lacked required elements (title, date, author), were in foreign languages without certified translations, did not relate to his work in music, or were from sources not shown to be professional or major trade publications or major media.
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AAO found that submitted materials variously lacked required elements (title, date, author), were in foreign languages without certified translations, did not relate to his work in music, or were from sources not shown to be professional or major trade publications or major media.