检索 AAO 如何审视申请证据。

AAO found that the petitioner's W-2 payments to the instant beneficiary and other sponsored workers fell short of proffered wages in 2012 and 2013. The petitioner's net income ($13,980 in 2012; $8,992 in 2013) and net current assets (-$74,190 in 2012) were insufficient to cover combined wage deficiencies of $150,333.19 in 2012. Bank statements on appeal were rejected because they are not enumerated evidence under 8 C.F.R. § 204.5(g)(2), do not demonstrate sustainable ability to pay, and do not reflect additional funds beyond what was already captured in the tax returns. Totality of circumstances analysis, including declining gross receipts, tax liens, and no evidence of industry reputation or historical growth, further confirmed the petitioner's inability to pay.

The director acknowledged the intrinsic merit of the petitioner's intended occupation. The petitioner did not address this finding on appeal, so it is considered abandoned.

The director acknowledged the national scope of the petitioner's intended occupation. The petitioner did not address this finding on appeal, so it is considered abandoned.

AAO relied on AACRAO EDGE, which classifies the Argentine Licenciado(a) as a five-year first degree comparable to a U.S. bachelor's degree, and noted that Argentine master's degrees (Magister/Maestria) require a licenciado as an entry requirement, meaning the beneficiary's degree is a first professional degree rather than a graduate degree. The three credential evaluations were found unpersuasive due to lack of methodology, uncorroborated conclusions, and the EDGE information contradicting them.

AAO agreed that accreditation by a DOE/CHEA-recognized agency is required for a U.S. degree to qualify as an 'advanced degree' under 8 C.F.R. § 204.5(k)(2), even though the regulation does not expressly use the word 'accredited.' State approval to operate is insufficient. Counsel's textual argument based on the contrast with 8 C.F.R. § 204.5(i)(2) was unpersuasive because AAO read both provisions as implicitly requiring accreditation.

The Mastere en Sciences program is specifically for international students, taught in English, requires fewer years of post-secondary study for entry, and yields fewer total years of post-secondary study than any of the three Mastere degrees listed in EDGE. Because it is substantively different from those listed degrees, the EDGE equivalency advice for Mastere degrees does not apply. The credential evaluations were flawed for failing to acknowledge this distinction.

AAO independently found that the beneficiary fails to meet the labor certification's minimum educational requirement of a master's degree or foreign equivalent, because his California degree is from an unaccredited institution and his bachelor's degree from India cannot be combined with experience where the labor certification bars the alternate combination.

AAO agreed with the director that the petitioner failed to demonstrate ability to pay. The sole proprietor's net available income after expenses was insufficient, and none of the additional sources raised on appeal (spouse's corporation, business checking account, home) could legally or practically supplement the calculation. The overall business trajectory (declining gross receipts and net profit) further supported the conclusion.

AAO independently found that the beneficiary's sole experience letter described employment starting after the priority date, lacked job duty descriptions, and did not indicate full- or part-time status, making it impossible to establish six months of qualifying experience as required by the labor certification.

Because the Mastere en Sciences is not equivalent to a U.S. master's degree, the beneficiary lacks the foreign educational equivalent required by the labor certification. The labor certification explicitly disallows an alternate combination of education and experience.