AAO found the Petitioner's brief and supporting documentation on appeal sufficient to overcome the address discrepancies and establish that the position is a bona fide job offer.
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AAO found the Petitioner's brief and supporting documentation on appeal sufficient to overcome the address discrepancies and establish that the position is a bona fide job offer.
beneficiary qualifications per labor certification requirements
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AAO found, on its own review beyond the director's decision, that the Beneficiary's claimed qualifying experience was riddled with inconsistencies: her resume, labor certification, and two employer letters stated conflicting employment dates and supervisors, and a prior petition showed she had simultaneously volunteered elsewhere. These contradictions were not resolved by competent objective evidence.
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AAO found, on its own review beyond the director's decision, that the Beneficiary's claimed qualifying experience was riddled with inconsistencies: her resume, labor certification, and two employer letters stated conflicting employment dates and supervisors, and a prior petition showed she had simultaneously volunteered elsewhere. These contradictions were not resolved by competent objective evidence.
The Petitioner's tax returns and Form 10-K showed negative net income and negative net current assets in 2014. The Petitioner did not show it paid the Beneficiary any wages. The CFO letter did not reconcile with the annual report's net losses and was insufficient to overcome the documented financial deficits.…
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The Petitioner's tax returns and Form 10-K showed negative net income and negative net current assets in 2014. The Petitioner did not show it paid the Beneficiary any wages. The CFO letter did not reconcile with the annual report's net losses and was insufficient to overcome the documented financial deficits. The Sonegawa factors also did not help because the Petitioner failed to demonstrate historical growth, industry reputation, or uncharacteristic losses.
bona fide employer-employee relationship / petitioner as actual employer
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The management agreement and employment documents repeatedly referred to the Petitioner and the actual employing entity as separate and distinct corporations. The CFO's statements were also internally contradictory—first calling the subsidiary a 'wholly-owned subsidiary' and later calling the Petitioner its 'sole shareholder.' These contradictions, unresolved by competent objective evidence, confirmed the Petitioner was not…
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The management agreement and employment documents repeatedly referred to the Petitioner and the actual employing entity as separate and distinct corporations. The CFO's statements were also internally contradictory—first calling the subsidiary a 'wholly-owned subsidiary' and later calling the Petitioner its 'sole shareholder.' These contradictions, unresolved by competent objective evidence, confirmed the Petitioner was not the Beneficiary's actual employer.
Beneficiary's qualifying experience as stated on labor certification
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The labor certification and the submitted experience letter describe qualifying experience at different companies during different time periods, which constitutes more than a typographical error. The Beneficiary's affidavit is biased rather than objective evidence, and the reiterative employer letters do not resolve the material discrepancies.…
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The labor certification and the submitted experience letter describe qualifying experience at different companies during different time periods, which constitutes more than a typographical error. The Beneficiary's affidavit is biased rather than objective evidence, and the reiterative employer letters do not resolve the material discrepancies. Independent, objective evidence such as tax or payroll records was required but not submitted.
Bona fides of job offer / genuine intent to employ
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AAO raised this issue sua sponte on appeal, noting that the labor certification worksite is a private residence belonging to the Petitioner's president, which undermines the credibility of the job offer and the Petitioner's claimed intent to employ the Beneficiary.
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AAO raised this issue sua sponte on appeal, noting that the labor certification worksite is a private residence belonging to the Petitioner's president, which undermines the credibility of the job offer and the Petitioner's claimed intent to employ the Beneficiary.