AAO found that employment recognition, professional memberships, judging activities, reference letters with boilerplate language, sparse independent citations, salary only slightly above median, and professional licenses did not collectively demonstrate extraordinary ability or sustained national/international acclaim at the top of the field.
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AAO found that employment recognition, professional memberships, judging activities, reference letters with boilerplate language, sparse independent citations, salary only slightly above median, and professional licenses did not collectively demonstrate extraordinary ability or sustained national/international acclaim at the top of the field.
offered position requires advanced degree professional
AAO 为什么未被说服
The original Form I-140 has a handwritten X in Box 1.d. requesting advanced degree professional classification, and the labor certification requires only a bachelor's degree without progressive experience, so the petition cannot be approved in the requested classification.
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The original Form I-140 has a handwritten X in Box 1.d. requesting advanced degree professional classification, and the labor certification requires only a bachelor's degree without progressive experience, so the petition cannot be approved in the requested classification.
AAO agreed the Petitioner demonstrated a critical role at a company with a distinguished reputation and contributed to cost savings and improved reliability.
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AAO agreed the Petitioner demonstrated a critical role at a company with a distinguished reputation and contributed to cost savings and improved reliability.
Ability to pay combined proffered wages of multiple beneficiaries
AAO 为什么未被说服
The AAO held that a petitioner with multiple pending I-140 beneficiaries must demonstrate ability to pay all of their combined proffered wages, as wage obligations are liabilities bearing on the realism of any job offer. The record lacked proffered wage information for 12 of 39 relevant petitions, and the Petitioner failed to document withdrawals of the others.…
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The AAO held that a petitioner with multiple pending I-140 beneficiaries must demonstrate ability to pay all of their combined proffered wages, as wage obligations are liabilities bearing on the realism of any job offer. The record lacked proffered wage information for 12 of 39 relevant petitions, and the Petitioner failed to document withdrawals of the others. The overall magnitude of business activities under Sonegawa was also insufficient given the absence of uncharacteristic losses or outstanding industry reputation.
Beneficiary meets educational requirements of labor certification
AAO 为什么未被说服
The AAO found the 2006 evaluation lacked supporting baccalaureate documents, was inconsistent with EDGE data, and did not account for the Beneficiary's claimed full-time employment during his enrollment. The 2014 evaluation, even if credited, showed a degree in economics — a field not specified as acceptable on the labor certification. The alternative of five years post-baccalaureate experience was also not established.
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The AAO found the 2006 evaluation lacked supporting baccalaureate documents, was inconsistent with EDGE data, and did not account for the Beneficiary's claimed full-time employment during his enrollment. The 2014 evaluation, even if credited, showed a degree in economics — a field not specified as acceptable on the labor certification. The alternative of five years post-baccalaureate experience was also not established.
The AAO found that the Petitioner paid the Beneficiary $69,235.24 in 2007 (exceeding the $65,000 proffered wage) and $62,114.16 in 2008, and that the Petitioner's 2008 net income of $13,794 was sufficient to cover the $2,885.84 shortfall, thus establishing ability to pay the individual proffered wage.
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The AAO found that the Petitioner paid the Beneficiary $69,235.24 in 2007 (exceeding the $65,000 proffered wage) and $62,114.16 in 2008, and that the Petitioner's 2008 net income of $13,794 was sufficient to cover the $2,885.84 shortfall, thus establishing ability to pay the individual proffered wage.
The regulation requires an official academic record showing a baccalaureate or foreign equivalent degree from a college or university. The beneficiary's associate membership certificate from a professional institution is not such a degree, regardless of whether it may be considered educationally comparable for other purposes such as graduate school admission.
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The regulation requires an official academic record showing a baccalaureate or foreign equivalent degree from a college or university. The beneficiary's associate membership certificate from a professional institution is not such a degree, regardless of whether it may be considered educationally comparable for other purposes such as graduate school admission.
Qualifying experience at second employer (medical school/university)
AAO 为什么未被说服
The submitted letter did not comply with regulatory requirements because it was not from the purported employer. Even if the employer letter were unavailable, numerous unexplained inconsistencies in the record—including conflicts between the labor certification, the research specialist's letter, and the Beneficiary's own affidavit regarding the employer's identity, job titles, and full-time versus part-time status—cast doub…
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The submitted letter did not comply with regulatory requirements because it was not from the purported employer. Even if the employer letter were unavailable, numerous unexplained inconsistencies in the record—including conflicts between the labor certification, the research specialist's letter, and the Beneficiary's own affidavit regarding the employer's identity, job titles, and full-time versus part-time status—cast doubt on the claimed experience. The research specialist also lacked personal knowledge of the earliest portion of the claimed period.