AAO explicitly reserved final merits determination because the petitioner failed to satisfy the antecedent requirement of three types of evidence under Step 1.
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AAO explicitly reserved final merits determination because the petitioner failed to satisfy the antecedent requirement of three types of evidence under Step 1.
AAO agreed with the director that the petitioner submitted sufficient evidence, including two articles published in United Nations publications, to meet this criterion.
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了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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AAO agreed with the director that the petitioner submitted sufficient evidence, including two articles published in United Nations publications, to meet this criterion.
The three-year Indian bachelor's degree is not the foreign equivalent of a U.S. baccalaureate. The evaluations' reliance on Carnegie Units (a high-school measure inapplicable to higher education) and generalized contact-hour estimates without course-level verification is unpersuasive. AACRAO EDGE, a peer-reviewed source USCIS considers reliable, confirms the degree equates only to three years of U.S. university study.…
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The three-year Indian bachelor's degree is not the foreign equivalent of a U.S. baccalaureate. The evaluations' reliance on Carnegie Units (a high-school measure inapplicable to higher education) and generalized contact-hour estimates without course-level verification is unpersuasive. AACRAO EDGE, a peer-reviewed source USCIS considers reliable, confirms the degree equates only to three years of U.S. university study. Without a qualifying bachelor's degree, the advanced-degree equivalency route is also unavailable.
Six years of qualifying experience as Network and System Administrator
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Non-petitioner experience totaled only about 5 years and 11 months, falling roughly one month short of the required six years. Experience with the petitioner as Systems Analyst could not be counted because, per the petitioner's own duty-breakdown, 75% of those duties overlapped with the offered position, making it substantially comparable under 20 C.F.R. § 656.17.…
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Non-petitioner experience totaled only about 5 years and 11 months, falling roughly one month short of the required six years. Experience with the petitioner as Systems Analyst could not be counted because, per the petitioner's own duty-breakdown, 75% of those duties overlapped with the offered position, making it substantially comparable under 20 C.F.R. § 656.17. Prior employer letters did not demonstrate how those roles qualified as experience in the offered occupation.
Beneficiary possessed required education and experience as of priority date
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The AAO reviewed AACRAO EDGE and determined that the beneficiary's MCA degree from India is comparable to a U.S. master's degree in computer applications/MIS/CIS, not computer science as required by the labor certification. Because the labor certification permits no alternate field of study, the beneficiary does not satisfy the educational requirement.
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The AAO reviewed AACRAO EDGE and determined that the beneficiary's MCA degree from India is comparable to a U.S. master's degree in computer applications/MIS/CIS, not computer science as required by the labor certification. Because the labor certification permits no alternate field of study, the beneficiary does not satisfy the educational requirement.
Continuing ability to pay proffered wage from priority date
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The petitioner paid less than the proffered wage in 2010, 2011, and 2012, and its net income and net current assets were negative or insufficient to cover the shortfall, especially when accounting for five other I-140 beneficiaries. The revised 2012 W-2 was not a proper IRS W-2c and lacked supporting payment evidence.…
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The petitioner paid less than the proffered wage in 2010, 2011, and 2012, and its net income and net current assets were negative or insufficient to cover the shortfall, especially when accounting for five other I-140 beneficiaries. The revised 2012 W-2 was not a proper IRS W-2c and lacked supporting payment evidence. The 2013 tax returns were not provided, and the totality-of-circumstances analysis under Sonegawa did not support a finding of ability to pay.
Bona fide employer-employee relationship / petitioner as actual employer
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AAO found that payment of wages alone is insufficient to establish an employer-employee relationship; the petitioner's documents either failed to describe control over the beneficiary's day-to-day activities or indicated a third party would direct the work.…
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AAO found that payment of wages alone is insufficient to establish an employer-employee relationship; the petitioner's documents either failed to describe control over the beneficiary's day-to-day activities or indicated a third party would direct the work. The petitioner also failed to produce the referenced Master Consulting Agreement despite two specific requests, and the Offer of Employment stated the beneficiary would report to a third party.
serves national interest substantially greater than a U.S. worker with same minimum qualifications
AAO 为什么未被说服
AAO agreed that the petitioner failed to submit corroborative documentary evidence to support the letters' claims about the software's impact and his contributions; the only new evidence on appeal—code printouts showing authorship—did not address the core deficiency regarding demonstrable influence on the field as a whole.
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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 agreed that the petitioner failed to submit corroborative documentary evidence to support the letters' claims about the software's impact and his contributions; the only new evidence on appeal—code printouts showing authorship—did not address the core deficiency regarding demonstrable influence on the field as a whole.