beneficiary holds master's or equivalent as required by labor certification
AAO 为什么未被说服
AAO concluded that the labor certification requires a Master's or equivalent and does not list any alternative combination, so the beneficiary's two foreign bachelor-equivalent degrees do not satisfy the certification's terms.
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AAO concluded that the labor certification requires a Master's or equivalent and does not list any alternative combination, so the beneficiary's two foreign bachelor-equivalent degrees do not satisfy the certification's terms.
Beneficiary qualifications as of priority date per labor certification
证据为何得到认可
AAO concluded on de novo review that the record demonstrates the beneficiary met all the education, training, and experience requirements of the labor certification as of the May 14, 2013 priority date.
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AAO concluded on de novo review that the record demonstrates the beneficiary met all the education, training, and experience requirements of the labor certification as of the May 14, 2013 priority date.
24 months experience in alternate occupation of marketing management by priority date
AAO 为什么未被说服
The experience letters lacked specific job duty descriptions and covered only approximately 17.5–18 months of marketing management experience. The part-time trainee position did not demonstrate qualifying work experience, and inconsistencies in the record regarding prior employment were not resolved with independent objective evidence.
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The experience letters lacked specific job duty descriptions and covered only approximately 17.5–18 months of marketing management experience. The part-time trainee position did not demonstrate qualifying work experience, and inconsistencies in the record regarding prior employment were not resolved with independent objective evidence.
leading or critical role for distinguished organizations
证据为何得到认可
AAO found that the record contained sufficient documentary evidence that the petitioner performed in a critical role as a photographer for organizations with distinguished reputations, reversing the director's finding.
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AAO found that the record contained sufficient documentary evidence that the petitioner performed in a critical role as a photographer for organizations with distinguished reputations, reversing the director's finding.
display of work at artistic exhibitions or showcases
证据为何得到认可
AAO found the petitioner submitted sufficient documentary evidence of displaying his work at artistic exhibitions, meeting the plain language of the criterion.
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AAO found the petitioner submitted sufficient documentary evidence of displaying his work at artistic exhibitions, meeting the plain language of the criterion.
The petitioner paid the beneficiary $41,600 in 2012, below the proffered wage of $54,517. The 2012 tax return showed negative net income and negative net current assets. Unaudited financial statements were rejected as unreliable, depreciation add-backs were rejected under River Street Donuts and Chi-Feng Chang, total asset arguments were rejected because depreciable assets are not converted to cash in ordinary business, and…
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The petitioner paid the beneficiary $41,600 in 2012, below the proffered wage of $54,517. The 2012 tax return showed negative net income and negative net current assets. Unaudited financial statements were rejected as unreliable, depreciation add-backs were rejected under River Street Donuts and Chi-Feng Chang, total asset arguments were rejected because depreciable assets are not converted to cash in ordinary business, and the totality of circumstances (including wage concentration) did not support ability to pay.
Beneficiary qualifications per labor certification
证据为何得到认可
The AAO found, based on the full record including appeal evidence and RFE responses, that it is more likely than not that the beneficiary possessed all education, training, and experience required by the labor certification as of the priority date.
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The AAO found, based on the full record including appeal evidence and RFE responses, that it is more likely than not that the beneficiary possessed all education, training, and experience required by the labor certification as of the priority date.
membership in associations requiring outstanding achievements
证据为何得到认可
The AAO found that the association's bylaws confirm elective membership is a special category above general membership, requiring significant contributions, and that the limited number of members is consistent with an exclusive level requiring outstanding achievements.
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The AAO found that the association's bylaws confirm elective membership is a special category above general membership, requiring significant contributions, and that the limited number of members is consistent with an exclusive level requiring outstanding achievements.