lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
Petitioner abandoned several awards on appeal and submitted no documentary evidence showing the remaining awards are nationally or internationally recognized for excellence in the field.
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Petitioner abandoned several awards on appeal and submitted no documentary evidence showing the remaining awards are nationally or internationally recognized for excellence in the field.
leading or critical role for organizations with distinguished reputation
AAO 为什么未被说服
AAO found the roles described were volunteer/participatory, not shown to be leading or critical, and the organizations' distinguished reputations were not established.
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AAO found the roles described were volunteer/participatory, not shown to be leading or critical, and the organizations' distinguished reputations were not established.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO found the associations admitted members based on promise, recommendations, portfolios, and fees rather than outstanding achievements judged by recognized experts.
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AAO found the associations admitted members based on promise, recommendations, portfolios, and fees rather than outstanding achievements judged by recognized experts.
AAO found that the petitioner demonstrated continuing ability to pay the proffered wage from the priority date to the present based on the full record.
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AAO found that the petitioner demonstrated continuing ability to pay the proffered wage from the priority date to the present based on the full record.
Beneficiary qualifications as of priority date (five years progressive post-baccalaureate experience)
证据为何得到认可
AAO determined on de novo review, considering all record evidence including appeal submissions and RFE response, that the beneficiary more likely than not possessed all required education, training, and experience as of the priority date.
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AAO determined on de novo review, considering all record evidence including appeal submissions and RFE response, that the beneficiary more likely than not possessed all required education, training, and experience as of the priority date.
Beneficiary meets minimum educational requirements of labor certification
AAO 为什么未被说服
AAO found that three-year foreign degrees do not constitute a foreign equivalent of a U.S. baccalaureate under Matter of Shah and the AACRAO EDGE database. The credential evaluator's unsupported assertion that three-year degrees are accepted by U.S. universities does not bind USCIS.…
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AAO found that three-year foreign degrees do not constitute a foreign equivalent of a U.S. baccalaureate under Matter of Shah and the AACRAO EDGE database. The credential evaluator's unsupported assertion that three-year degrees are accepted by U.S. universities does not bind USCIS. Because the beneficiary cannot demonstrate possession of even a single foreign equivalent bachelor's degree, neither the advanced degree classification nor the labor certification's alternate requirement (bachelor's plus five years) can be satisfied.
record inconsistencies affecting job offer bona fides
AAO 为什么未被说服
AAO raised sua sponte two inconsistencies: a discrepancy in the beneficiary's stated work location (Arizona vs. Virginia) and a discrepancy in the number of employees reported on the Form I-140/ETA 9089 (26) versus IRS Form 941 (41–57). These were identified as independent and alternative bases for denial requiring resolution in further filings.
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AAO raised sua sponte two inconsistencies: a discrepancy in the beneficiary's stated work location (Arizona vs. Virginia) and a discrepancy in the number of employees reported on the Form I-140/ETA 9089 (26) versus IRS Form 941 (41–57). These were identified as independent and alternative bases for denial requiring resolution in further filings.
AAO confirmed that the petitioner's 2012 net income of $49,583 and negative net current assets of $(176,500) were both insufficient to cover the proffered wage of $108,098. S-corporation pass-through treatment does not change the corporation's reported profits and losses. Projected contract revenues and a line of credit cannot be used to augment ability-to-pay analysis.…
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AAO confirmed that the petitioner's 2012 net income of $49,583 and negative net current assets of $(176,500) were both insufficient to cover the proffered wage of $108,098. S-corporation pass-through treatment does not change the corporation's reported profits and losses. Projected contract revenues and a line of credit cannot be used to augment ability-to-pay analysis. Additionally, the petitioner failed to account for combined proffered wages owed to four other pending I-140 beneficiaries.
The petitioner did not contest the director's findings for this criterion on appeal, and did not offer additional arguments. AAO treated the issue as abandoned.
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The petitioner did not contest the director's findings for this criterion on appeal, and did not offer additional arguments. AAO treated the issue as abandoned.
published material about the alien in professional or major media
AAO 为什么未被说服
Several submitted articles had missing authors, missing dates, or omitted portions. Some articles were about organizations rather than about the petitioner personally. The petitioner failed to submit circulation figures to demonstrate the publications qualify as major media. AAO withdrew the director's finding that currency of the articles was a relevant factor, but affirmed the overall not-met determination.
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了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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Several submitted articles had missing authors, missing dates, or omitted portions. Some articles were about organizations rather than about the petitioner personally. The petitioner failed to submit circulation figures to demonstrate the publications qualify as major media. AAO withdrew the director's finding that currency of the articles was a relevant factor, but affirmed the overall not-met determination.