AAO conducted an alternative aggregate review and found the evidence insufficient to demonstrate the level of expertise required, though it noted this was not a formal final merits determination under Kazarian.
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AAO conducted an alternative aggregate review and found the evidence insufficient to demonstrate the level of expertise required, though it noted this was not a formal final merits determination under Kazarian.
national interest substantially greater than U.S. worker
AAO 为什么未被说服
AAO found that the petitioner's modest citation record (21 total, average ~1.24 per paper), undocumented peer review participation, graduate-student-era awards of undemonstrated significance, and unsupported claims in letters—including an inflated citation count of 'more than thirty'—did not establish influence on the field.…
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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 petitioner's modest citation record (21 total, average ~1.24 per paper), undocumented peer review participation, graduate-student-era awards of undemonstrated significance, and unsupported claims in letters—including an inflated citation count of 'more than thirty'—did not establish influence on the field. The 2005 non-precedent decision cited by the petitioner was not binding and did not establish that any specific citation threshold mandates approval.
leading or critical role for distinguished organizations
证据为何得到认可
AAO concurred with the director, finding that the reference letters and documentary evidence established the petitioner's critical roles with organizations having distinguished reputations.
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AAO concurred with the director, finding that the reference letters and documentary evidence established the petitioner's critical roles with organizations having distinguished reputations.
The Asset Purchase Agreement explicitly precluded assumption of the predecessor's liabilities, the predecessor continued to operate after the asset sale, and employed the beneficiary until November 2012. The petitioner purchased only certain assets (name, goodwill, equipment) rather than the essential rights and obligations necessary to carry on the business.…
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The Asset Purchase Agreement explicitly precluded assumption of the predecessor's liabilities, the predecessor continued to operate after the asset sale, and employed the beneficiary until November 2012. The petitioner purchased only certain assets (name, goodwill, equipment) rather than the essential rights and obligations necessary to carry on the business. Additionally, the predecessor remained an active corporation well after the agreement, confirming the absence of a true business transfer.
beneficiary meets labor certification requirements by priority date
AAO 为什么未被说服
The labor certification required 60 months of experience as an architect and did not allow experience in an alternate occupation. The beneficiary's CAD drafter experience with the petitioner could not be counted. The totality of documented qualifying architect experience was only about 19 months, falling well short of the 60 months required.
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The labor certification required 60 months of experience as an architect and did not allow experience in an alternate occupation. The beneficiary's CAD drafter experience with the petitioner could not be counted. The totality of documented qualifying architect experience was only about 19 months, falling well short of the 60 months required.
The petitioner's own W-2s show wages paid to the beneficiary were below the proffered wage for 2012. The petitioner's 2012 net income ($15,670) and net current assets ($0) were insufficient to cover the shortfall. Since the predecessor was not a valid successor-in-interest, its financial records could not be used.…
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The petitioner's own W-2s show wages paid to the beneficiary were below the proffered wage for 2012. The petitioner's 2012 net income ($15,670) and net current assets ($0) were insufficient to cover the shortfall. Since the predecessor was not a valid successor-in-interest, its financial records could not be used. The AAO also rejected prorating, the use of total assets, and found no Sonegawa-type circumstances warranting favorable exercise of discretion.
AAO stated that a final merits determination was not required because the step-1 threshold was not met, but noted in the alternative that the aggregate evidence does not demonstrate the required level of expertise.
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AAO stated that a final merits determination was not required because the step-1 threshold was not met, but noted in the alternative that the aggregate evidence does not demonstrate the required level of expertise.
The beneficiary's 2012 and 2013 earnings were only slightly above the 50th percentile for sound engineers per BLS data. The employment agreement postdated the petition filing and could not establish eligibility at filing. Even at the $47.50 hourly rate, maximum projected annual earnings fell only between the 50th and 75th percentile. Geographic wage comparisons and above-average earnings were also insufficient.
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The beneficiary's 2012 and 2013 earnings were only slightly above the 50th percentile for sound engineers per BLS data. The employment agreement postdated the petition filing and could not establish eligibility at filing. Even at the $47.50 hourly rate, maximum projected annual earnings fell only between the 50th and 75th percentile. Geographic wage comparisons and above-average earnings were also insufficient.