The Petitioner miscalculated the combined proffered wage difference, improperly pro-rated wages for partial-year petitions while counting full-year net current assets, and had additional pending petitions unaccounted for. The resulting unpaid difference of at least $481,752.41 exceeded net current assets of $225,755. FEIN discrepancies also rendered the 2013 tax return unreliable.
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The Petitioner miscalculated the combined proffered wage difference, improperly pro-rated wages for partial-year petitions while counting full-year net current assets, and had additional pending petitions unaccounted for. The resulting unpaid difference of at least $481,752.41 exceeded net current assets of $225,755. FEIN discrepancies also rendered the 2013 tax return unreliable.
beneficiary meets minimum experience requirements of labor certification
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The employer's debarment for LCA violations, low W-2 wages in certain years suggesting part-time or non-continuous work, and payroll records issued by a different entity without any authorization agreement collectively undermine the Beneficiary's claim of 61 months of continuous full-time qualifying experience.
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The employer's debarment for LCA violations, low W-2 wages in certain years suggesting part-time or non-continuous work, and payroll records issued by a different entity without any authorization agreement collectively undermine the Beneficiary's claim of 61 months of continuous full-time qualifying experience.
The Petitioner's 27 citations (with one article cited 22 times) and patent citations were insufficient to show major significance; expert letters spoke mainly in terms of future applicability; conference presentations and recommendation letters were not sufficient absent evidence of major impact on 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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The Petitioner's 27 citations (with one article cited 22 times) and patent citations were insufficient to show major significance; expert letters spoke mainly in terms of future applicability; conference presentations and recommendation letters were not sufficient absent evidence of major impact on the field.
The Petitioner's post-doctoral title and supporting letter did not establish a leading role in the organizational hierarchy, and no evidence showed his work was responsible for the success or standing of the organization.
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The Petitioner's post-doctoral title and supporting letter did not establish a leading role in the organizational hierarchy, and no evidence showed his work was responsible for the success or standing of the organization.
The Petitioner submitted job offer letters with salaries but did not provide sufficient comparative evidence showing his salary was high relative to others in the field.
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The Petitioner submitted job offer letters with salaries but did not provide sufficient comparative evidence showing his salary was high relative to others in the field.
AAO stated it need not conduct a formal final merits determination but noted the aggregate record did not establish the required level of expertise for extraordinary ability classification.
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AAO stated it need not conduct a formal final merits determination but noted the aggregate record did not establish the required level of expertise for extraordinary ability classification.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
The Petitioner did not address this criterion on appeal or submit new documentary evidence. The fellowship and grants lacked evidence of national or international recognition for excellence, and the award lacked evidence of such recognition.
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The Petitioner did not address this criterion on appeal or submit new documentary evidence. The fellowship and grants lacked evidence of national or international recognition for excellence, and the award lacked evidence of such recognition.
advanced degree (or U.S. bachelor's + 5 years progressive experience) classification eligibility
AAO 为什么未被说服
AAO agreed that a 3-year foreign degree plus experience is not equivalent to a U.S. bachelor's degree for EB-2 advanced-degree classification purposes.
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AAO agreed that a 3-year foreign degree plus experience is not equivalent to a U.S. bachelor's degree for EB-2 advanced-degree classification purposes.
ability to pay combined proffered wages of multiple sponsored beneficiaries
AAO 为什么未被说服
AAO agreed that without information regarding the priority dates, proffered wages, payments, and status of the at least nine other petitions, the Petitioner could not show ability to pay the combined proffered wages.
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AAO agreed that without information regarding the priority dates, proffered wages, payments, and status of the at least nine other petitions, the Petitioner could not show ability to pay the combined proffered wages.
minimum educational credentials required by labor certification
AAO 为什么未被说服
AAO held that the plain language of the labor certification requires a single bachelor's or foreign equivalent degree and does not permit a combination of education and experience.
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AAO held that the plain language of the labor certification requires a single bachelor's or foreign equivalent degree and does not permit a combination of education and experience.