The AAO agreed that the letter from the journal editor and the attached list of 11 reviewed manuscripts supports the finding that this criterion is met.
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The AAO agreed that the letter from the journal editor and the attached list of 11 reviewed manuscripts supports the finding that this criterion is met.
The AAO found that the Petitioner did not submit copies of the articles as published, relying instead on text incorporated into her cover letter. The translations were not properly certified and did not identify the specific documents they accompanied. The RFE response provided only one article with an uncertified translation lacking author identification.
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The AAO found that the Petitioner did not submit copies of the articles as published, relying instead on text incorporated into her cover letter. The translations were not properly certified and did not identify the specific documents they accompanied. The RFE response provided only one article with an uncertified translation lacking author identification.
24 months qualifying experience per labor certification
AAO 为什么未被说服
AAO identified material inconsistencies: insurance documents listed a different employer entity than claimed for the first prior employer, and W-2s from a payroll company for the second prior employer period were not fully explained (the payroll contract was not signed until 2011 and did not cover 2010; the contract also showed shared employment control).…
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AAO identified material inconsistencies: insurance documents listed a different employer entity than claimed for the first prior employer, and W-2s from a payroll company for the second prior employer period were not fully explained (the payroll contract was not signed until 2011 and did not cover 2010; the contract also showed shared employment control). These inconsistencies were unresolved and undermined the claimed experience.
bona fide job offer / realistic offer as of priority date
AAO 为什么未被说服
AAO disagreed with the Director's reasoning that requiring contract specifics was appropriate, citing Amsol. However, AAO still found the offer not bona fide because the Petitioner could not establish it had existing or projected projects for the offered position as of the labor certification filing date.…
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AAO disagreed with the Director's reasoning that requiring contract specifics was appropriate, citing Amsol. However, AAO still found the offer not bona fide because the Petitioner could not establish it had existing or projected projects for the offered position as of the labor certification filing date. The client statement covered a different position with different duties, and the H-1B contract salary was lower than the proffered wage.
AAO found that for 2012, the Petitioner's net current assets of $218,218 exceeded the amount owed to the Beneficiary in 2012, establishing ability to pay for that year.
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AAO found that for 2012, the Petitioner's net current assets of $218,218 exceeded the amount owed to the Beneficiary in 2012, establishing ability to pay for that year.
ability to pay – 2013 and 2014 (multiple beneficiaries)
AAO 为什么未被说服
AAO found the Petitioner significantly underreported the number of beneficiaries with pending/approved I-140 petitions in 2013 and 2014 (9 vs. 5 reported in 2013; 19 vs. 7 reported in 2014). The 2015 withdrawals did not relieve the Petitioner of its obligations for prior years. Without proffered and actual wage data for all beneficiaries, ability to pay could not be assessed.
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AAO found the Petitioner significantly underreported the number of beneficiaries with pending/approved I-140 petitions in 2013 and 2014 (9 vs. 5 reported in 2013; 19 vs. 7 reported in 2014). The 2015 withdrawals did not relieve the Petitioner of its obligations for prior years. Without proffered and actual wage data for all beneficiaries, ability to pay could not be assessed.
Ability to pay proffered wage from priority date forward
AAO 为什么未被说服
The Petitioner significantly undercounted its pending I-140 obligations (9 petitions in 2013, not 2; 19 total including the Beneficiary in 2014, not 6). The record lacked wage data for all relevant beneficiaries, precluding a net income, net current assets, or Sonegawa totality-of-circumstances analysis.
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The Petitioner significantly undercounted its pending I-140 obligations (9 petitions in 2013, not 2; 19 total including the Beneficiary in 2014, not 6). The record lacked wage data for all relevant beneficiaries, precluding a net income, net current assets, or Sonegawa totality-of-circumstances analysis.
AAO disagreed with the Director's methodology (requiring specific future contracts from a staffing firm is unrealistic) but agreed on the outcome: the Petitioner failed to show existing or projected projects at the labor certification filing date that could support the offered position.…
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AAO disagreed with the Director's methodology (requiring specific future contracts from a staffing firm is unrealistic) but agreed on the outcome: the Petitioner failed to show existing or projected projects at the labor certification filing date that could support the offered position. The vendor letter and professional services agreement either post-dated the priority date or showed employment at a lower wage under different duties.
Reliable documentation of claimed employment experience
AAO 为什么未被说服
AAO found documentation of two employment periods unreliable: (1) the letter for one employer made an unsubstantiated corporate identity assertion; (2) the claimed employment with the Petitioner's own company during 2011–2013 was contradicted by a vendor letter showing the Beneficiary was placed through a different entity, and a 2011 W-2 listed a co-employer as employer of record with shared control over key employment aspe…
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AAO found documentation of two employment periods unreliable: (1) the letter for one employer made an unsubstantiated corporate identity assertion; (2) the claimed employment with the Petitioner's own company during 2011–2013 was contradicted by a vendor letter showing the Beneficiary was placed through a different entity, and a 2011 W-2 listed a co-employer as employer of record with shared control over key employment aspects.
beneficiary meets minimum educational requirement on ETA Form 9089
AAO 为什么未被说服
AAO agreed the Beneficiary does not meet the master's-in-physical-therapy requirement listed on ETA Form 9089. The credentialing organization's coursework-based equivalency does not produce a single foreign equivalent degree, and the U.S. five-year master's program comparators all require a bachelor's degree first and award graduate credentials.
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AAO agreed the Beneficiary does not meet the master's-in-physical-therapy requirement listed on ETA Form 9089. The credentialing organization's coursework-based equivalency does not produce a single foreign equivalent degree, and the U.S. five-year master's program comparators all require a bachelor's degree first and award graduate credentials.