AAO acknowledged the general importance of teaching but noted there is no blanket waiver for teachers and that qualifying as a member of the professions does not itself justify a waiver. The NCLBA did not amend the national interest waiver provisions of the INA.
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO acknowledged the general importance of teaching but noted there is no blanket waiver for teachers and that qualifying as a member of the professions does not itself justify a waiver. The NCLBA did not amend the national interest waiver provisions of the INA.
beneficiary possesses education/training/experience required by labor certification as of priority date
证据为何得到认可
AAO concluded on de novo review that the beneficiary more likely than not had the required education, training, and experience as of the priority date.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO concluded on de novo review that the beneficiary more likely than not had the required education, training, and experience as of the priority date.
five years of experience as Operations Research Analyst
AAO 为什么未被说服
Inconsistent accounts and the labor certification's prohibition on alternate occupation experience preclude the petitioner from establishing the required five years of experience; remand allows rebuttal.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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Inconsistent accounts and the labor certification's prohibition on alternate occupation experience preclude the petitioner from establishing the required five years of experience; remand allows rebuttal.
AAO withdrew the director's specific basis but, based on new DS-160 evidence indicating the beneficiary may be the son of the president of the Korean parent company, found a separate undisclosed familial relationship issue that undermines the bona fide nature of the job offer.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO withdrew the director's specific basis but, based on new DS-160 evidence indicating the beneficiary may be the son of the president of the Korean parent company, found a separate undisclosed familial relationship issue that undermines the bona fide nature of the job offer.
advanced degree qualification (five years qualifying experience)
AAO 为什么未被说服
The AAO noted the beneficiary's Philippine bachelor's degree appeared equivalent to a U.S. baccalaureate degree, but no evidence was submitted to show five years of qualifying specialty experience as required to elevate that degree to an advanced degree. The petitioner failed to respond to the NOID requesting such evidence.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The AAO noted the beneficiary's Philippine bachelor's degree appeared equivalent to a U.S. baccalaureate degree, but no evidence was submitted to show five years of qualifying specialty experience as required to elevate that degree to an advanced degree. The petitioner failed to respond to the NOID requesting such evidence.
single foreign equivalent degree to a U.S. baccalaureate
AAO 为什么未被说服
AAO relies on EDGE, which equates the three-year Bachelor of Commerce to two-to-three years of U.S. study, and on the principle from Snapnames that the advanced degree professional classification requires a single foreign equivalent degree from a college or university. The professional body is not an institution of higher education that can confer a degree.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO relies on EDGE, which equates the three-year Bachelor of Commerce to two-to-three years of U.S. study, and on the principle from Snapnames that the advanced degree professional classification requires a single foreign equivalent degree from a college or university. The professional body is not an institution of higher education that can confer a degree.
Continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
The petitioner paid the beneficiary $64,438.44 in 2012 against a proffered wage of $108,534, leaving a $44,095.56 shortfall. The petitioner's 2012 net income was -$514,629 and net current assets were -$332,711. No amended tax return was submitted to correct the alleged accountant error.…
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The petitioner paid the beneficiary $64,438.44 in 2012 against a proffered wage of $108,534, leaving a $44,095.56 shortfall. The petitioner's 2012 net income was -$514,629 and net current assets were -$332,711. No amended tax return was submitted to correct the alleged accountant error. The extraordinary expense claim of $69,768 and the unsubstantiated Hurricane Sandy business interruption were insufficient to overcome the deficit, and the petitioner's historical financial record (deficit in 2009) did not demonstrate the stability required under the Sonegawa totality-of-circumstances analysis.
AAO determined the Google Scholar results were not new evidence and the Wikipedia article lacks probative value and does not establish that the indexed work appeared in a qualifying publication.
为什么值得参考
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 determined the Google Scholar results were not new evidence and the Wikipedia article lacks probative value and does not establish that the indexed work appeared in a qualifying publication.