five years of qualifying work experience per labor certification
AAO 为什么未被说服
AAO found that experience with the petitioner was barred by DOL regulations because it was substantially comparable to the offered position and H.8 did not allow alternate combinations. The remaining evidence showed only 30 months of verifiable qualifying experience, and several employment letters failed to confirm full-time status or specified incomplete date ranges.
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AAO found that experience with the petitioner was barred by DOL regulations because it was substantially comparable to the offered position and H.8 did not allow alternate combinations. The remaining evidence showed only 30 months of verifiable qualifying experience, and several employment letters failed to confirm full-time status or specified incomplete date ranges.
AAO independently found the petitioner failed to demonstrate ability to pay the $68,500 proffered wage in 2011, the priority date year, as wages paid to the beneficiary were below the proffered wage and net income and net current assets were negative. No Sonegawa extraordinary circumstances were established.
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AAO independently found the petitioner failed to demonstrate ability to pay the $68,500 proffered wage in 2011, the priority date year, as wages paid to the beneficiary were below the proffered wage and net income and net current assets were negative. No Sonegawa extraordinary circumstances were established.
Beneficiary qualifications per labor certification (12 months required experience)
裁决如何说明
AAO declined to resolve the merits, treating the new letter as new evidence on motion to reopen and remanding to the director for consideration along with further examination of discrepancies in the record.
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AAO declined to resolve the merits, treating the new letter as new evidence on motion to reopen and remanding to the director for consideration along with further examination of discrepancies in the record.
member of the professions holding an advanced degree
AAO 为什么未被说服
AAO found that the petitioner's intended occupations (art teacher at a day care center, sculptor) do not qualify as professions under the regulatory definition, and while art therapy may be a profession, the petitioner lacks the required credentials for it. Possession of an advanced degree alone is insufficient; the occupation must require a bachelor's degree for entry.
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AAO found that the petitioner's intended occupations (art teacher at a day care center, sculptor) do not qualify as professions under the regulatory definition, and while art therapy may be a profession, the petitioner lacks the required credentials for it. Possession of an advanced degree alone is insufficient; the occupation must require a bachelor's degree for entry.
national interest substantially greater than a U.S. worker with same minimum qualifications
AAO 为什么未被说服
The petitioner's claim that 25 years of experience makes U.S. workers comparably unqualified is unsupported. The NCLBA does not reference the national interest waiver or immigration benefits, and Congress has passed no statute exempting teachers from the job offer requirement. The petitioner must show a past record of influence on the field as a whole, which she has not done.
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The petitioner's claim that 25 years of experience makes U.S. workers comparably unqualified is unsupported. The NCLBA does not reference the national interest waiver or immigration benefits, and Congress has passed no statute exempting teachers from the job offer requirement. The petitioner must show a past record of influence on the field as a whole, which she has not done.
Submitted certificates expired by 2005, predating the 2012 filing, and identified petitioner as a music/piano teacher rather than as a composer/arranger; no evidence of the second claimed membership was provided.
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Submitted certificates expired by 2005, predating the 2012 filing, and identified petitioner as a music/piano teacher rather than as a composer/arranger; no evidence of the second claimed membership was provided.
serves national interest substantially greater than U.S. worker
AAO 为什么未被说服
The petitioner's letters lacked specificity and corroboration; only one citation of his work was documented; the newly submitted letters were nearly identical to each other, suggesting the petitioner drafted them; and the claimed widespread adoption of his methods was unsubstantiated. The assertion of a skilled-worker shortage aligned with precisely the situation the labor certification process was designed to address.
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The petitioner's letters lacked specificity and corroboration; only one citation of his work was documented; the newly submitted letters were nearly identical to each other, suggesting the petitioner drafted them; and the claimed widespread adoption of his methods was unsubstantiated. The assertion of a skilled-worker shortage aligned with precisely the situation the labor certification process was designed to address.
national interest substantially greater than U.S. worker
AAO 为什么未被说服
The petitioner's only indirect reference was a general assertion that experts showed her impact on the field, but she did not explain why AAO's prior analysis of those letters was deficient or show that those letters established her impact 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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The petitioner's only indirect reference was a general assertion that experts showed her impact on the field, but she did not explain why AAO's prior analysis of those letters was deficient or show that those letters established her impact on the field as a whole.
The earliest employment-related documentation dated from June 2005, covering less than ten years before the January 2013 filing date. The contracts were short-term and did not establish long-term full-time employment, and a reference to work since July 2004 still fell short of ten years.
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The earliest employment-related documentation dated from June 2005, covering less than ten years before the January 2013 filing date. The contracts were short-term and did not establish long-term full-time employment, and a reference to work since July 2004 still fell short of ten years.