AAO affirmed that the plain language of Part H.14 allows for a bachelor's degree equivalency through a 'combination of degrees,' which does not meet the regulatory requirement that an advanced degree professional hold a single U.S. bachelor's or foreign equivalent degree.…
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AAO affirmed that the plain language of Part H.14 allows for a bachelor's degree equivalency through a 'combination of degrees,' which does not meet the regulatory requirement that an advanced degree professional hold a single U.S. bachelor's or foreign equivalent degree. AAO cannot disregard this term, and the Petitioner's recruitment materials were insufficient to establish that the minimum educational requirement was a single bachelor's degree.
serving the national interest to a substantially greater degree than a U.S. worker
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The AAO found that the letters of support described the Petitioner's talents and local contributions but did not demonstrate wider impact on the field of elementary education as a whole. Her awards were of only local or institutional significance, and her performance evaluations did not show influence beyond her school district.…
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The AAO found that the letters of support described the Petitioner's talents and local contributions but did not demonstrate wider impact on the field of elementary education as a whole. Her awards were of only local or institutional significance, and her performance evaluations did not show influence beyond her school district. The AAO also noted that demonstrating exceptional ability does not by itself qualify a petitioner for the national interest waiver.
job requires advanced degree professional or equivalent
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AAO agreed that the plain language of H.14 permitted lesser combined credentials, that EDGE does not equate such combinations to a U.S. bachelor's degree, and that the position therefore does not require an advanced degree professional.
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AAO agreed that the plain language of H.14 permitted lesser combined credentials, that EDGE does not equate such combinations to a U.S. bachelor's degree, and that the position therefore does not require an advanced degree professional.
The record lacks required financial documentation for the priority year, and the Petitioner has at least 12 other I-140 petitions requiring combined wage analysis. The proffered wage of $117,811 per year was not supported by evidence of ability to pay.
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The record lacks required financial documentation for the priority year, and the Petitioner has at least 12 other I-140 petitions requiring combined wage analysis. The proffered wage of $117,811 per year was not supported by evidence of ability to pay.
AAO found that H.9 of the labor certification plainly states a foreign educational equivalent is not accepted, and USCIS cannot ignore or modify labor certification terms. The H.14 'any suitable combination' language does not override H.9. BALCA decisions cited by the Petitioner are not binding on USCIS and are factually distinguishable.
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AAO found that H.9 of the labor certification plainly states a foreign educational equivalent is not accepted, and USCIS cannot ignore or modify labor certification terms. The H.14 'any suitable combination' language does not override H.9. BALCA decisions cited by the Petitioner are not binding on USCIS and are factually distinguishable.
AAO independently noted that the record only evidenced approximately 3.5 years of qualifying experience with the prior employer (March 22, 2010 to September 31, 2013), and no sufficient evidence was submitted for employment prior to March 22, 2010. Combined with the Petitioner's employment, the 5-year requirement was not met.
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AAO independently noted that the record only evidenced approximately 3.5 years of qualifying experience with the prior employer (March 22, 2010 to September 31, 2013), and no sufficient evidence was submitted for employment prior to March 22, 2010. Combined with the Petitioner's employment, the 5-year requirement was not met.
The Petitioner's website indicates it offers staff augmentation services including short-term and contract placements, creating doubt that the Beneficiary has a bona fide permanent position with the Petitioner itself rather than placement with a third-party employer.
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The Petitioner's website indicates it offers staff augmentation services including short-term and contract placements, creating doubt that the Beneficiary has a bona fide permanent position with the Petitioner itself rather than placement with a third-party employer.
ability to pay proffered wage from priority date onward
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AAO independently noted that the Petitioner had not provided evidence of proffered wages and wages paid to its 32+ other I-140 beneficiaries, precluding a finding of ability to pay the combined wages.
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AAO independently noted that the Petitioner had not provided evidence of proffered wages and wages paid to its 32+ other I-140 beneficiaries, precluding a finding of ability to pay the combined wages.
five years progressive post-baccalaureate experience by priority date
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AAO independently identified that the diploma's consolidated marks memo had its date of issuance cut off, leaving unclear whether the Beneficiary had completed his bachelor's requirements before the claimed start of qualifying experience on June 1, 2004.
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AAO independently identified that the diploma's consolidated marks memo had its date of issuance cut off, leaving unclear whether the Beneficiary had completed his bachelor's requirements before the claimed start of qualifying experience on June 1, 2004.