The Petitioner's 2014 net income appeared sufficient for the instant petition alone, but the existence of at least 29 additional I-140 petitions created an obligation to demonstrate ability to pay combined proffered wages. The record lacked the information necessary to make that determination.
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The Petitioner's 2014 net income appeared sufficient for the instant petition alone, but the existence of at least 29 additional I-140 petitions created an obligation to demonstrate ability to pay combined proffered wages. The record lacked the information necessary to make that determination.
AAO found that the Beneficiary's 3-year diploma enabled lateral entry into the second year of a 4-year engineering program, that the resulting bachelor of engineering degree reflects 4 years of undergraduate study, and that EDGE confirms it is equivalent to a U.S. bachelor's degree.
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AAO found that the Beneficiary's 3-year diploma enabled lateral entry into the second year of a 4-year engineering program, that the resulting bachelor of engineering degree reflects 4 years of undergraduate study, and that EDGE confirms it is equivalent to a U.S. bachelor's degree.
beneficiary's qualifying experience per labor certification
AAO 为什么未被说服
The Beneficiary's own attestations on the labor certification showed he performed requirements gathering, testing, and modification tasks as a software engineer trainee, directly contradicting the Petitioner's letters. The Petitioner failed to provide independent, objective evidence to resolve this inconsistency, leaving unresolved whether the trainee position was substantially comparable to the offered position.
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The Beneficiary's own attestations on the labor certification showed he performed requirements gathering, testing, and modification tasks as a software engineer trainee, directly contradicting the Petitioner's letters. The Petitioner failed to provide independent, objective evidence to resolve this inconsistency, leaving unresolved whether the trainee position was substantially comparable to the offered position.
The NOIR improperly failed to notify the Petitioner of this revocation ground since the NOIR itself found the Petitioner established its intention to employ; and in any event the record at the time of the NOIR established the Petitioner controlled the Beneficiary's work at client sites.
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The NOIR improperly failed to notify the Petitioner of this revocation ground since the NOIR itself found the Petitioner established its intention to employ; and in any event the record at the time of the NOIR established the Petitioner controlled the Beneficiary's work at client sites.
leading or critical role for a distinguished organization
证据为何得到认可
AAO found Petitioner's role as CEO and co-founder constituted a leading role and that the company qualifies as a distinguished organization based on industry reports, awards, and news coverage.
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AAO found Petitioner's role as CEO and co-founder constituted a leading role and that the company qualifies as a distinguished organization based on industry reports, awards, and news coverage.
national interest substantially greater than U.S. worker
AAO 为什么未被说服
AAO found the Petitioner's publications, presentations, professional memberships, and reference letter did not demonstrate that he had influenced the field as a whole or established a past record sufficient to justify projections of future national benefit above what an available U.S. worker could provide.
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 found the Petitioner's publications, presentations, professional memberships, and reference letter did not demonstrate that he had influenced the field as a whole or established a past record sufficient to justify projections of future national benefit above what an available U.S. worker could provide.
AAO found that while teaching benefits alone are not national in scope, the Petitioner submitted sufficient documentation to show his research benefits are national in scope, and therefore withdrew the Director's finding on this prong.
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AAO found that while teaching benefits alone are not national in scope, the Petitioner submitted sufficient documentation to show his research benefits are national in scope, and therefore withdrew the Director's finding on this prong.