minimum requirements of offered position per labor certification
AAO 为什么未被说服
The labor certification required a master's degree in computer science with no alternate field accepted, but the submitted evaluation found the Beneficiary's degree equivalent to computer engineering, not computer science. Counsel's unsubstantiated assertion that the Beneficiary attended a second school extramurally did not constitute evidence to resolve the discrepancy.
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The labor certification required a master's degree in computer science with no alternate field accepted, but the submitted evaluation found the Beneficiary's degree equivalent to computer engineering, not computer science. Counsel's unsubstantiated assertion that the Beneficiary attended a second school extramurally did not constitute evidence to resolve the discrepancy.
national interest to a substantially greater degree than a U.S. worker
AAO 为什么未被说服
AAO found that the letters of support, while describing the Petitioner's skills and achievements, did not demonstrate that his work has influenced the field as a whole or resulted in significant changes to practices in the self-improvement industry. Book sales figures were noted without showing field-wide influence.…
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 that the letters of support, while describing the Petitioner's skills and achievements, did not demonstrate that his work has influenced the field as a whole or resulted in significant changes to practices in the self-improvement industry. Book sales figures were noted without showing field-wide influence. Forthcoming English translations and future publicity plans could not establish eligibility at the time of filing. Awards lacked properly certified translations and were not shown to have more than regional or institutional significance.
bona fide intent to employ beneficiary in offered position
证据为何得到认可
AAO found the new evidence sufficient by a preponderance to establish the Petitioner's intent to employ the Beneficiary as a full-time business development manager and withdrew its prior contrary finding.
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AAO found the new evidence sufficient by a preponderance to establish the Petitioner's intent to employ the Beneficiary as a full-time business development manager and withdrew its prior contrary finding.
Petitioner reported 70 employees but paid only $551,912 in salaries in 2013 and has 37 other pending I-140 petitions; it failed to respond to the NOID's request for documentation establishing ability to pay each beneficiary's proffered wage.
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Petitioner reported 70 employees but paid only $551,912 in salaries in 2013 and has 37 other pending I-140 petitions; it failed to respond to the NOID's request for documentation establishing ability to pay each beneficiary's proffered wage.
Beneficiary meets the educational requirements (bachelor's in computer science, no alternate field) of the labor certification
AAO 为什么未被说服
AAO found the 'any suitable combination' notation generic and contradicted by Line H.8, and concluded the Beneficiary's degree in computer applications does not match the certified field of computer science with no alternate field accepted.
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AAO found the 'any suitable combination' notation generic and contradicted by Line H.8, and concluded the Beneficiary's degree in computer applications does not match the certified field of computer science with no alternate field accepted.
The petitioner's net income was $40,795 in 2013 and $30,463 in 2014. While sufficient for the 2014 shortfall of $17,177.40, the 2013 net income was insufficient to cover the 2013 shortfall of $58,080.
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The petitioner's net income was $40,795 in 2013 and $30,463 in 2014. While sufficient for the 2014 shortfall of $17,177.40, the 2013 net income was insufficient to cover the 2013 shortfall of $58,080.
Beneficiary possessed all qualifications specified on labor certification as of priority date
AAO 为什么未被说服
The updated prior employer letter confirmed C and C++ experience but explicitly omitted C#, and no other new evidence of C# experience was submitted on appeal.
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The updated prior employer letter confirmed C and C++ experience but explicitly omitted C#, and no other new evidence of C# experience was submitted on appeal.
The Forms W-2 showed the beneficiary received $21,875 in 2013 and $62,777.60 in 2014, both below the proffered wage of $79,955. The pay statements and prevailing wage determination did not demonstrate payment of the proffered wage during those years.
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The Forms W-2 showed the beneficiary received $21,875 in 2013 and $62,777.60 in 2014, both below the proffered wage of $79,955. The pay statements and prevailing wage determination did not demonstrate payment of the proffered wage during those years.