AAO found the totality of the record — including 25+ years of experience, leading roles, extensive media coverage across two decades, exhibition of work, awards, and high compensation — establishes extraordinary ability and sustained national acclaim.
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AAO found the totality of the record — including 25+ years of experience, leading roles, extensive media coverage across two decades, exhibition of work, awards, and high compensation — establishes extraordinary ability and sustained national acclaim.
Wages paid plus net income and net current assets fell short of the pro-rated $168,725.76 difference; accrual-method recalculations and bank statements were rejected; Sonegawa factors did not establish ability to pay.
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Wages paid plus net income and net current assets fell short of the pro-rated $168,725.76 difference; accrual-method recalculations and bank statements were rejected; Sonegawa factors did not establish ability to pay.
intention to pay the proffered wage on the terms of the labor certification
AAO 为什么未被说服
The employment agreement specifies post-LPR salaries below the proffered wage, and the record contains no evidence that the agreement was terminated or amended.
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The employment agreement specifies post-LPR salaries below the proffered wage, and the record contains no evidence that the agreement was terminated or amended.
Bona fide job offer / no material misrepresentation on labor certification
AAO 为什么未被说服
AAO affirmed that the familial relationship raises serious questions about the bona fide nature of the job offer, and the Petitioner offered no new evidence to overcome this finding on motion.
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AAO affirmed that the familial relationship raises serious questions about the bona fide nature of the job offer, and the Petitioner offered no new evidence to overcome this finding on motion.
The submitted purchase agreement raised additional questions rather than resolving them: the Petitioner was a public benefit corporation whose assets could not be transferred for private gain, the agreement did not transfer voting membership or leadership, and no evidence showed the same job opportunity continued or that the purported successor could pay the proffered wage.
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The submitted purchase agreement raised additional questions rather than resolving them: the Petitioner was a public benefit corporation whose assets could not be transferred for private gain, the agreement did not transfer voting membership or leadership, and no evidence showed the same job opportunity continued or that the purported successor could pay the proffered wage.
The Petitioner submitted no new evidence on motion; the resubmitted tax returns were already analyzed and found insufficient. The Petitioner's own owners admitted inability to pay in 2013 and offered only speculation about future ability to pay.
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The Petitioner submitted no new evidence on motion; the resubmitted tax returns were already analyzed and found insufficient. The Petitioner's own owners admitted inability to pay in 2013 and offered only speculation about future ability to pay.
Labor certification demonstrates job requires advanced degree professional
AAO 为什么未被说服
The regulation requires a single U.S. bachelor's degree or a single foreign equivalent — not a combination of lesser credentials — as the foundation for an advanced degree equivalency. The labor certification's acceptance of a 3-year degree plus 2-year certificate combination does not satisfy this standard. Private opinion letters from INS officials are not binding and do not override the plain language of the regulation.
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The regulation requires a single U.S. bachelor's degree or a single foreign equivalent — not a combination of lesser credentials — as the foundation for an advanced degree equivalency. The labor certification's acceptance of a 3-year degree plus 2-year certificate combination does not satisfy this standard. Private opinion letters from INS officials are not binding and do not override the plain language of the regulation.