AAO found the credential evaluations deficient (one ignored that the beneficiary took no computer courses; another relied on a flawed Carnegie Unit/contact-hours analysis; another relied on records not in the record). Per EDGE and Matter of Shah, a three-year Indian Bachelor of Commerce degree is comparable only to three years of U.S. university study, not a U.S. baccalaureate.
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AAO found the credential evaluations deficient (one ignored that the beneficiary took no computer courses; another relied on a flawed Carnegie Unit/contact-hours analysis; another relied on records not in the record). Per EDGE and Matter of Shah, a three-year Indian Bachelor of Commerce degree is comparable only to three years of U.S. university study, not a U.S. baccalaureate.
beneficiary qualifications per labor certification – education requirement
AAO 为什么未被说服
AAO found the credential evaluations contradictory and unexplained, and relied on AACRAO EDGE, which classifies the Indian MCA as comparable to a degree in computer application, not computer science. The record did not develop the equivalence to the specific degree fields required by the labor certification.
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AAO found the credential evaluations contradictory and unexplained, and relied on AACRAO EDGE, which classifies the Indian MCA as comparable to a degree in computer application, not computer science. The record did not develop the equivalence to the specific degree fields required by the labor certification.
Five years of progressive post-baccalaureate work experience
AAO 为什么未被说服
AAO agreed that the experience letter from the sanctioned employer could not be accepted without independent corroborating evidence (e.g., W-2s, payroll records), and that the other experience letter failed to establish qualifying professional work experience by not distinguishing trainee time from engineer time.
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AAO agreed that the experience letter from the sanctioned employer could not be accepted without independent corroborating evidence (e.g., W-2s, payroll records), and that the other experience letter failed to establish qualifying professional work experience by not distinguishing trainee time from engineer time.
AAO found that the petitioner's 2012 net income of $70,627 and net current assets of $203,937 were both insufficient to cover the aggregate proffered wage deficiency of $296,923 across all sponsored beneficiaries.…
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AAO found that the petitioner's 2012 net income of $70,627 and net current assets of $203,937 were both insufficient to cover the aggregate proffered wage deficiency of $296,923 across all sponsored beneficiaries. Bank statements and quarterly wage reports are not enumerated evidence under the regulation, pro-rated wages were not accepted, and the Sonegawa totality analysis did not support the petitioner due to gaps in the record.
AAO raised ability to pay sua sponte beyond the director's decision, finding the record lacks evidence of ability to pay from the January 2013 priority date forward.
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AAO raised ability to pay sua sponte beyond the director's decision, finding the record lacks evidence of ability to pay from the January 2013 priority date forward.
The experience letters from prior employers documented different technologies unrelated to the H.14 skills. Co-worker affidavits were not acceptable primary evidence. The job postings and prevailing wage application confirmed the H.14 skills were required, not merely environmental descriptions. The petitioner could not narrow the applicant pool by listing required skills and then offer the position to someone lacking them.
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The experience letters from prior employers documented different technologies unrelated to the H.14 skills. Co-worker affidavits were not acceptable primary evidence. The job postings and prevailing wage application confirmed the H.14 skills were required, not merely environmental descriptions. The petitioner could not narrow the applicant pool by listing required skills and then offer the position to someone lacking them.
AAO raised this issue on its own in a NOID/RFE. After reviewing W-2s showing wages paid to the beneficiary exceeded the proffered wage in 2012 and 2013, and reviewing the 2012 Form 1120, AAO found ability to pay established.
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AAO raised this issue on its own in a NOID/RFE. After reviewing W-2s showing wages paid to the beneficiary exceeded the proffered wage in 2012 and 2013, and reviewing the 2012 Form 1120, AAO found ability to pay established.
AAO found the record evidence insufficient to support the fraud/misrepresentation conclusion because the director had not sufficiently developed the factual basis for such a determination under the Matter of S & B-C- test.
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AAO found the record evidence insufficient to support the fraud/misrepresentation conclusion because the director had not sufficiently developed the factual basis for such a determination under the Matter of S & B-C- test.