Advanced degree or equivalent (bachelor's plus five years post-baccalaureate progressive experience)
证据为何得到认可
AAO found that EB-2 regulations speak in terms of 'degrees' not diplomas, and that an 'official academic record' showing a degree is not limited to a formal diploma. A case-specific analysis showed the provisional certificate evidenced completion of all substantive requirements and university approval of the degree, consistent with AACRAO EDGE guidance on Indian provisional degree certificates.…
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AAO found that EB-2 regulations speak in terms of 'degrees' not diplomas, and that an 'official academic record' showing a degree is not limited to a formal diploma. A case-specific analysis showed the provisional certificate evidenced completion of all substantive requirements and university approval of the degree, consistent with AACRAO EDGE guidance on Indian provisional degree certificates. Measuring from the provisional certificate date of February 20, 2005, the Beneficiary accrued well over five years of qualifying experience before the June 24, 2014 priority date.
date of conferral of foreign equivalent bachelor's degree for measuring post-baccalaureate experience
证据为何得到认可
AAO concluded that the regulation references "degrees," not diplomas, and that an official academic record is not limited to a formal diploma. The provisional certificate combined with the statement of marks demonstrated completion of all substantive requirements and university approval as of May 27, 2007, supported by AACRAO EDGE's description of Indian provisional degree certificates.
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AAO concluded that the regulation references "degrees," not diplomas, and that an official academic record is not limited to a formal diploma. The provisional certificate combined with the statement of marks demonstrated completion of all substantive requirements and university approval as of May 27, 2007, supported by AACRAO EDGE's description of Indian provisional degree certificates.
The only documented wages were three pay stubs from early 2016, postdating the June 2015 priority date, so the Petitioner did not establish that the Beneficiary commanded the salary before the priority date.
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The only documented wages were three pay stubs from early 2016, postdating the June 2015 priority date, so the Petitioner did not establish that the Beneficiary commanded the salary before the priority date.
recognition for achievements and significant contributions (8 C.F.R. § 204.5(k)(3)(ii)(F))
证据为何得到认可
The Director accepted reference letters and reviews of the café as showing recognition for achievements and significant contributions to the industry, and AAO did not disturb that finding.
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The Director accepted reference letters and reviews of the café as showing recognition for achievements and significant contributions to the industry, and AAO did not disturb that finding.
ten years of full-time experience (8 C.F.R. § 204.5(k)(3)(ii)(B))
AAO 为什么未被说服
The documented experience amounted to six years with a prior employer plus 20 months with the Petitioner as of the June 2015 priority date, totaling less than 10 years. The contract for a period of employment did not substitute for the required employer letter confirming dates of work.
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The documented experience amounted to six years with a prior employer plus 20 months with the Petitioner as of the June 2015 priority date, totaling less than 10 years. The contract for a period of employment did not substitute for the required employer letter confirming dates of work.
The ETA Form 9089 required only a high school diploma, no training, five years of experience, and offered the prevailing wage — none of which denote a position requiring exceptional ability. The Petitioner waived this issue by failing to address it on appeal.
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The ETA Form 9089 required only a high school diploma, no training, five years of experience, and offered the prevailing wage — none of which denote a position requiring exceptional ability. The Petitioner waived this issue by failing to address it on appeal.
AAO found the Director applied the wrong EDGE entry. The correct EDGE entry for the second-cycle magister, which requires a prior licencjat degree, equates the credential to a U.S. master's degree. Because the Beneficiary's magister followed a three-year licencjata and lasted two and a half years, it falls under the second-cycle category and is equivalent to a U.S. master's degree.
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AAO found the Director applied the wrong EDGE entry. The correct EDGE entry for the second-cycle magister, which requires a prior licencjat degree, equates the credential to a U.S. master's degree. Because the Beneficiary's magister followed a three-year licencjata and lasted two and a half years, it falls under the second-cycle category and is equivalent to a U.S. master's degree.
Required experience (12 months as marketing specialist)
AAO 为什么未被说服
Although the Director did not address this issue, AAO found that the submitted employer letter failed to describe the Beneficiary's duties as a marketing specialist as required by 8 C.F.R. § 204.5(l)(3), and thus did not establish the required 12 months of experience. The matter was remanded for the Director to address this deficiency.
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Although the Director did not address this issue, AAO found that the submitted employer letter failed to describe the Beneficiary's duties as a marketing specialist as required by 8 C.F.R. § 204.5(l)(3), and thus did not establish the required 12 months of experience. The matter was remanded for the Director to address this deficiency.
on balance, beneficial to waive job offer requirement
AAO 为什么未被说服
AAO acknowledges some of Petitioner's knowledge may exceed minimum occupational requirements but finds she has not shown urgent national interest or benefits sufficient to outweigh the labor certification process.
为什么值得参考
理解除了希望自我申请之外，哪些与具体事业相关的事实会影响豁免分析。
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AAO acknowledges some of Petitioner's knowledge may exceed minimum occupational requirements but finds she has not shown urgent national interest or benefits sufficient to outweigh the labor certification process.