AAO held that a case-specific analysis is required to determine whether an official academic record shows completion of all degree requirements and university approval of the degree. The provisional certificate and marks memorandum established that all requirements were met as of May 18, 2008, making all subsequent experience post-baccalaureate and satisfying the five-year requirement.
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AAO held that a case-specific analysis is required to determine whether an official academic record shows completion of all degree requirements and university approval of the degree. The provisional certificate and marks memorandum established that all requirements were met as of May 18, 2008, making all subsequent experience post-baccalaureate and satisfying the five-year requirement.
Beneficiary meets specific skills requirements of labor certification (H.14)
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The AAO raised an additional basis for denial sua sponte: the record does not establish that the Beneficiary possessed the required specific skills (MS Office, SQL, C, JD Edwards, Access, Front Page) prior to employment with the Petitioner, and his experience in the offered position cannot be used to satisfy these requirements per 20 C.F.R. § 656.17(h).
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The AAO raised an additional basis for denial sua sponte: the record does not establish that the Beneficiary possessed the required specific skills (MS Office, SQL, C, JD Edwards, Access, Front Page) prior to employment with the Petitioner, and his experience in the offered position cannot be used to satisfy these requirements per 20 C.F.R. § 656.17(h).
Beneficiary meets educational requirements of labor certification
AAO 为什么未被说服
The AAO agreed that a degree from an unaccredited institution does not provide sufficient assurance of quality to satisfy a labor certification requirement for a master's degree, and rejected the argument that ICE enrollment approval for foreign students bears on this determination.
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The AAO agreed that a degree from an unaccredited institution does not provide sufficient assurance of quality to satisfy a labor certification requirement for a master's degree, and rejected the argument that ICE enrollment approval for foreign students bears on this determination.
five years of post-baccalaureate qualifying experience
AAO 为什么未被说服
Only experience after October 13, 2009 (the date the diploma was awarded) counts as post-baccalaureate, and the single employer letter documents only about four years of such experience.
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Only experience after October 13, 2009 (the date the diploma was awarded) counts as post-baccalaureate, and the single employer letter documents only about four years of such experience.
AAO held the post graduate diploma alone equates to a U.S. bachelor's degree without combining lesser credentials, and the record actually documents the Beneficiary's completion of multiple computer-related undergraduate courses.
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AAO held the post graduate diploma alone equates to a U.S. bachelor's degree without combining lesser credentials, and the record actually documents the Beneficiary's completion of multiple computer-related undergraduate courses.
ability to pay proffered wage from priority date onward
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Net income of $72,293 (correctly read from Schedule K, not $82,346 as Petitioner claimed) is below the $91,586 wage shortfall; net current assets are negative; prorating is not supported by the evidence; bank statements alone do not establish sustainable ability to pay; and 2016 audited financials are from a year after the priority date and do not cure the lack of documentation about the wages owed to other sponsored benefi…
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Net income of $72,293 (correctly read from Schedule K, not $82,346 as Petitioner claimed) is below the $91,586 wage shortfall; net current assets are negative; prorating is not supported by the evidence; bank statements alone do not establish sustainable ability to pay; and 2016 audited financials are from a year after the priority date and do not cure the lack of documentation about the wages owed to other sponsored beneficiaries.
The AAO did not conduct a full Kazarian step-2 analysis because the Petitioner failed to meet three criteria, but noted in the aggregate the record does not show the required level of expertise.
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The AAO did not conduct a full Kazarian step-2 analysis because the Petitioner failed to meet three criteria, but noted in the aggregate the record does not show the required level of expertise.
The Petitioner failed to establish that the sources were professional or major trade publications or other major media, most articles lacked required title, date, and author information, and the articles were about community projects rather than about the Beneficiary himself.
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The Petitioner failed to establish that the sources were professional or major trade publications or other major media, most articles lacked required title, date, and author information, and the articles were about community projects rather than about the Beneficiary himself.
The awards from the local Nigerian district organization were not shown to be nationally or internationally recognized for excellence in the field. Additionally, some awards were conferred on the local club rather than the Beneficiary personally, and the Petitioner did not establish they should be attributed to him personally.
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The awards from the local Nigerian district organization were not shown to be nationally or internationally recognized for excellence in the field. Additionally, some awards were conferred on the local club rather than the Beneficiary personally, and the Petitioner did not establish they should be attributed to him personally.