Net income sufficient to cover proffered wage deficiencies
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The Petitioner's net income of $230,258 in 2012 and $283,300 in 2013 fell far short of the total wage deficiencies of $847,731.21 and $486,471.74 respectively. AAO rejected adding back software costs or rent payments, as the Petitioner failed to demonstrate these were unusual expenses or that the corporate entity could be conflated with its shareholders.
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The Petitioner's net income of $230,258 in 2012 and $283,300 in 2013 fell far short of the total wage deficiencies of $847,731.21 and $486,471.74 respectively. AAO rejected adding back software costs or rent payments, as the Petitioner failed to demonstrate these were unusual expenses or that the corporate entity could be conflated with its shareholders.
Despite acknowledging positive business growth, AAO found the history of large wage deficiencies from 2010 through 2012 relative to net income and net current assets outweighed the positive factors. Software costs were not unusual or one-time given the Petitioner's industry, and 2014 improvements could not retroactively establish ability to pay as of the 2012 priority date.
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Despite acknowledging positive business growth, AAO found the history of large wage deficiencies from 2010 through 2012 relative to net income and net current assets outweighed the positive factors. Software costs were not unusual or one-time given the Petitioner's industry, and 2014 improvements could not retroactively establish ability to pay as of the 2012 priority date.
The evidence shows wage deficiencies for the Beneficiary in 2012 ($35,205.52), 2013 ($21,662), and 2014 ($645), and 32 other I-140 beneficiaries were also paid below their proffered wages in those years.
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The evidence shows wage deficiencies for the Beneficiary in 2012 ($35,205.52), 2013 ($21,662), and 2014 ($645), and 32 other I-140 beneficiaries were also paid below their proffered wages in those years.
continuing ability to pay proffered wage from priority date
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AAO independently found insufficient net income and net current assets in 2011 and 2012 to cover the aggregate wage deficiencies of all I-140 beneficiaries; rejected accountant's GAAP/software-cost theory, the rent add-back theory, and reliance on bank balances; found Sonegawa totality factors do not overcome the persistent shortfalls.
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AAO independently found insufficient net income and net current assets in 2011 and 2012 to cover the aggregate wage deficiencies of all I-140 beneficiaries; rejected accountant's GAAP/software-cost theory, the rent add-back theory, and reliance on bank balances; found Sonegawa totality factors do not overcome the persistent shortfalls.
AAO found that although the competition is restricted to overseas participants, the Petitioner did not establish that the prize is recognized outside of China as a major award, and did not present evidence that the competition or prize is widely reported compared to other globally recognized awards.
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AAO found that although the competition is restricted to overseas participants, the Petitioner did not establish that the prize is recognized outside of China as a major award, and did not present evidence that the competition or prize is widely reported compared to other globally recognized awards.
Published material in professional or major trade publications or other major media
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AAO found that video clips do not constitute written or published material under the plain language of the criterion, the promotional video and press releases are about a product rather than the Petitioner, and the biographic page lacks the required title, date, and author information.
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AAO found that video clips do not constitute written or published material under the plain language of the criterion, the promotional video and press releases are about a product rather than the Petitioner, and the biographic page lacks the required title, date, and author information.
Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
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AAO found that user statistics were not shown to be comparatively significant, citation evidence showed the article was used only as background information, press releases were promotional rather than independent coverage, conference presentations lacked evidence of significant impact, and reference letters were conclusory statements that failed to show how the contributions impacted the field.
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区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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AAO found that user statistics were not shown to be comparatively significant, citation evidence showed the article was used only as background information, press releases were promotional rather than independent coverage, conference presentations lacked evidence of significant impact, and reference letters were conclusory statements that failed to show how the contributions impacted the field.
AAO declined to conduct a full final merits determination because the Petitioner failed to meet the threshold of at least three evidentiary criteria, but noted in the aggregate the record does not support the required level of expertise.
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AAO declined to conduct a full final merits determination because the Petitioner failed to meet the threshold of at least three evidentiary criteria, but noted in the aggregate the record does not support the required level of expertise.
Lesser nationally or internationally recognized prizes or awards
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AAO found that the record supports a finding that the Petitioner's prize is nationally recognized for excellence, and therefore he meets this criterion.
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AAO found that the record supports a finding that the Petitioner's prize is nationally recognized for excellence, and therefore he meets this criterion.