continuing ability to pay the proffered wage from the priority date
AAO 为什么未被说服
AAO declines to credit the company letters due to inconsistencies and deficiencies, notes that parent-company assets cannot be considered, and finds the absence of annual reports, federal tax returns, or audited financial statements fatal to the ability-to-pay showing despite the 2015 wage payments.
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AAO declines to credit the company letters due to inconsistencies and deficiencies, notes that parent-company assets cannot be considered, and finds the absence of annual reports, federal tax returns, or audited financial statements fatal to the ability-to-pay showing despite the 2015 wage payments.
five years of progressive post-baccalaureate experience
AAO 为什么未被说服
AAO finds that because the qualifying credential is the June 15, 2008 MBA, none of the documented experience post-dates that credential, and the experience letters conflict with each other and with the labor certification on titles and dates.
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AAO finds that because the qualifying credential is the June 15, 2008 MBA, none of the documented experience post-dates that credential, and the experience letters conflict with each other and with the labor certification on titles and dates.
With the additional evidence submitted on appeal, AAO determined the Petitioner demonstrated by a preponderance of the evidence its continuing ability to pay the proffered wage from the priority date onward.
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With the additional evidence submitted on appeal, AAO determined the Petitioner demonstrated by a preponderance of the evidence its continuing ability to pay the proffered wage from the priority date onward.
The labor certification requires six months of software engineer experience; the Beneficiary's experience with the Petitioner was explicitly stated as non-qualifying, and the only other listed experience appeared to be an internship during the master's program with no corroborating employer letter. AAO remanded for further consideration and issuance of an RFE.
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The labor certification requires six months of software engineer experience; the Beneficiary's experience with the Petitioner was explicitly stated as non-qualifying, and the only other listed experience appeared to be an internship during the master's program with no corroborating employer letter. AAO remanded for further consideration and issuance of an RFE.
Bank statements and personnel records (paystubs) as ability-to-pay evidence
AAO 为什么未被说服
AAO found that bank statements cannot substitute for the three enumerated evidence types (annual reports, tax returns, audited financial statements). Current assets in bank accounts must be offset by liabilities, which cannot be determined without the required documents. Paystubs showing payment of debtor-in-possession wages do not establish ability to pay and do not clarify whether they belong to the Petitioner or its parent.
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AAO found that bank statements cannot substitute for the three enumerated evidence types (annual reports, tax returns, audited financial statements). Current assets in bank accounts must be offset by liabilities, which cannot be determined without the required documents. Paystubs showing payment of debtor-in-possession wages do not establish ability to pay and do not clarify whether they belong to the Petitioner or its parent.
Parent/related entity assets as ability-to-pay evidence
AAO 为什么未被说服
AAO agreed that the petitioning entity is legally distinct from its owner, operates under a different FEIN, and that the assets of owners or unrelated entities cannot be considered in determining the Petitioner's ability to pay. The consolidated balance sheets also did not identify finances by FEIN and were unaudited.
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AAO agreed that the petitioning entity is legally distinct from its owner, operates under a different FEIN, and that the assets of owners or unrelated entities cannot be considered in determining the Petitioner's ability to pay. The consolidated balance sheets also did not identify finances by FEIN and were unaudited.
AAO found that the CFO's statement appeared to describe the parent company's finances, not the petitioning entity's, and lacked identifying information (such as the petitioner's FEIN) linking it to the actual petitioner. The declaration therefore could not be accepted in lieu of the required documents.
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AAO found that the CFO's statement appeared to describe the parent company's finances, not the petitioning entity's, and lacked identifying information (such as the petitioner's FEIN) linking it to the actual petitioner. The declaration therefore could not be accepted in lieu of the required documents.
Sonegawa totality of circumstances - ability to pay
AAO 为什么未被说服
AAO found the evidence insufficient to show sustained profitability (gross income actually declined after 2010, software-generated reports lacked supporting financial data), the cash-on-hand claim was undocumented, and the expectation-of-increased-profits claim was unsupported by business plans, marketing budgets, or documentation of accreditations.
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AAO found the evidence insufficient to show sustained profitability (gross income actually declined after 2010, software-generated reports lacked supporting financial data), the cash-on-hand claim was undocumented, and the expectation-of-increased-profits claim was unsupported by business plans, marketing budgets, or documentation of accreditations.