Permanent, full-time nature of the offered position
AAO 为什么未被说服
While AAO agreed the Director erred in requiring beneficiary-specific contracts and worksite addresses, the Petitioner still failed to establish a valid job offer as of the priority date because it submitted only one client contract dated over two years after that date, unlike in Amsol where the employer provided numerous contracts demonstrating ongoing business.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
While AAO agreed the Director erred in requiring beneficiary-specific contracts and worksite addresses, the Petitioner still failed to establish a valid job offer as of the priority date because it submitted only one client contract dated over two years after that date, unlike in Amsol where the employer provided numerous contracts demonstrating ongoing business.
Qualifying experience with first U.S. employer (16 months)
证据为何得到认可
A May 2012 employer letter on company stationery complied with 8 C.F.R. § 204.5(g)(1), was consistent with other record evidence, and established 16 months of qualifying experience.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
A May 2012 employer letter on company stationery complied with 8 C.F.R. § 204.5(g)(1), was consistent with other record evidence, and established 16 months of qualifying experience.
Qualifying experience with second U.S. employer (32 months claimed; ~24 credited)
AAO 为什么未被说服
AAO disagreed with the Director that 2008 wages indicated benching (since the H-1B wage obligation did not begin until April 2009), but agreed that 2009 wages of only $14,145.55 against a required prorated minimum of ~$33,333 cast substantial doubt on 12 months of employment that year, crediting only approximately 4 months.…
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO disagreed with the Director that 2008 wages indicated benching (since the H-1B wage obligation did not begin until April 2009), but agreed that 2009 wages of only $14,145.55 against a required prorated minimum of ~$33,333 cast substantial doubt on 12 months of employment that year, crediting only approximately 4 months. Combined with 9 months in 2008 and 11 months in 2010, AAO credited approximately 24 of the claimed 32 months.
Ability to pay combined proffered wages of all pending petitions
AAO 为什么未被说服
AAO found that the Petitioner failed to provide information about 21 of 26 other petitions filed after the priority date and 3 petitions filed before it, making it impossible to assess combined ability to pay. Even for the five identified petitions, the net income and net current assets were insufficient, and bank account funds were already captured in the net current assets calculation.…
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO found that the Petitioner failed to provide information about 21 of 26 other petitions filed after the priority date and 3 petitions filed before it, making it impossible to assess combined ability to pay. Even for the five identified petitions, the net income and net current assets were insufficient, and bank account funds were already captured in the net current assets calculation. Sonegawa factors did not salvage the showing.
Qualifying experience with Indian employer (12 months claimed)
AAO 为什么未被说服
The employer letter did not describe the Beneficiary's experience or her use of required technologies. The Beneficiary's own affidavit was self-serving, the record did not demonstrate unavailability of a proper employer letter, and there was no corroboration of the coworker's employment during the relevant period.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The employer letter did not describe the Beneficiary's experience or her use of required technologies. The Beneficiary's own affidavit was self-serving, the record did not demonstrate unavailability of a proper employer letter, and there was no corroboration of the coworker's employment during the relevant period.
AAO confirmed that a petitioner must demonstrate ability to pay combined proffered wages for all pending petitions. The Petitioner failed to provide information about 22 other petitions and 4 pre-priority-date petitions, making it impossible to assess total obligations. Bank account funds appeared already captured within the net current assets figure, and the Sonegawa totality factors did not favor the Petitioner.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO confirmed that a petitioner must demonstrate ability to pay combined proffered wages for all pending petitions. The Petitioner failed to provide information about 22 other petitions and 4 pre-priority-date petitions, making it impossible to assess total obligations. Bank account funds appeared already captured within the net current assets figure, and the Sonegawa totality factors did not favor the Petitioner.
Discrepancy between number of employees and visa petitions
证据为何得到认可
AAO reviewed USCIS records and found no material discrepancy between the Petitioner's stated employment of 31 people and its H-1B/I-140 petition filings, noting that 37 of 39 H-1B beneficiaries and 26 of 29 I-140 beneficiaries appeared on W-2s.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO reviewed USCIS records and found no material discrepancy between the Petitioner's stated employment of 31 people and its H-1B/I-140 petition filings, noting that 37 of 39 H-1B beneficiaries and 26 of 29 I-140 beneficiaries appeared on W-2s.
Permanent, full-time nature of the offered position
AAO 为什么未被说服
While AAO agreed the Director erred in requiring specific worksite addresses and beneficiary-specific contracts, AAO found the Petitioner failed because it submitted only one client contract rather than evidence of prior and ongoing development projects, and payroll/tax materials showed only general business activity rather than intent to employ the Beneficiary in the SAP Consultant role specifically.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
While AAO agreed the Director erred in requiring specific worksite addresses and beneficiary-specific contracts, AAO found the Petitioner failed because it submitted only one client contract rather than evidence of prior and ongoing development projects, and payroll/tax materials showed only general business activity rather than intent to employ the Beneficiary in the SAP Consultant role specifically.
Beneficiary meets minimum educational requirements of the labor certification
AAO 为什么未被说服
USCIS must read the plain language of the labor certification exactly as completed by the employer. The labor certification required a master's degree in Education, Language Instruction, or Related Fields, or a degree demonstrating proficiency in the target language. International policy studies does not relate to education or language instruction, and the Beneficiary's transcripts showed no coursework in those fields.…
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
USCIS must read the plain language of the labor certification exactly as completed by the employer. The labor certification required a master's degree in Education, Language Instruction, or Related Fields, or a degree demonstrating proficiency in the target language. International policy studies does not relate to education or language instruction, and the Beneficiary's transcripts showed no coursework in those fields. The Petitioner failed to explain how international policy studies relates to education or language instruction.
substantial and probative evidence of marriage fraud under section 204(c)
AAO 为什么未被说服
AAO found numerous inconsistencies in the record (e.g., conflicting accounts of the relationship between the two spouses, inconsistencies in divorce decrees and travel records) but concluded that the current record evidence does not constitute the 'substantial and probative' evidence required by Matter of Tawfik to support the marriage fraud bar.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO found numerous inconsistencies in the record (e.g., conflicting accounts of the relationship between the two spouses, inconsistencies in divorce decrees and travel records) but concluded that the current record evidence does not constitute the 'substantial and probative' evidence required by Matter of Tawfik to support the marriage fraud bar.