The AAO considered the totality of business circumstances but found they did not favor the petitioner: the business had only been operating for three years (versus over 11 years in Sonegawa), one year of gross sales growth did not establish a pattern, total wages paid were low relative to claimed employment, and no evidence of industry reputation or whether the beneficiary was replacing a prior employee was provided.
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The AAO considered the totality of business circumstances but found they did not favor the petitioner: the business had only been operating for three years (versus over 11 years in Sonegawa), one year of gross sales growth did not establish a pattern, total wages paid were low relative to claimed employment, and no evidence of industry reputation or whether the beneficiary was replacing a prior employee was provided.
Net current assets / personal liquefiable assets sufficient to pay proffered wage
AAO 为什么未被说服
The petitioner did not establish that the sole proprietor had personal liquefiable assets sufficient to pay the proffered wage. The petitioner's 2012 tax return used cash-basis accounting while the audited balance sheet used accrual-basis, making them incompatible for use together in the two-prong analysis. Counsel's assertion of 'no overlap in numbers' was unsupported by evidence.
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The petitioner did not establish that the sole proprietor had personal liquefiable assets sufficient to pay the proffered wage. The petitioner's 2012 tax return used cash-basis accounting while the audited balance sheet used accrual-basis, making them incompatible for use together in the two-prong analysis. Counsel's assertion of 'no overlap in numbers' was unsupported by evidence.
Net income / AGI sufficient to cover personal expenses and proffered wage
AAO 为什么未被说服
The sole proprietor's 2012 AGI of $70,054 was far below what would be needed to cover both his personal household expenses of $54,000 and the proffered wage of $164,299. Counsel also erred by using Schedule C net profit rather than AGI, and by failing to account for the proffered wage in his analysis.
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The sole proprietor's 2012 AGI of $70,054 was far below what would be needed to cover both his personal household expenses of $54,000 and the proffered wage of $164,299. Counsel also erred by using Schedule C net profit rather than AGI, and by failing to account for the proffered wage in his analysis.
advanced degree or equivalent (baccalaureate plus five years progressive experience)
AAO 为什么未被说服
AAO agreed the degree was completed in January 2005 based on transcript evidence showing the beneficiary failed multiple semesters and only became eligible for the degree after clearing the semester VI examination in January 2005. Even if inconsistencies in experience letters were resolved, the post-baccalaureate experience period from January 2005 to May 9, 2009 was less than five years.…
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AAO agreed the degree was completed in January 2005 based on transcript evidence showing the beneficiary failed multiple semesters and only became eligible for the degree after clearing the semester VI examination in January 2005. Even if inconsistencies in experience letters were resolved, the post-baccalaureate experience period from January 2005 to May 9, 2009 was less than five years. Additionally, experience letters were inconsistent and did not meet regulatory requirements, and the petitioner's own employment of the beneficiary could not be used to qualify under the labor certification.
The beneficiary's Philippine bachelor's degree in physical therapy constitutes a foreign equivalent of a U.S. baccalaureate degree, not an advanced degree. EDGE states that the five-year physical therapy bachelor's degree in the Philippines is undergraduate-level, and the fact that the U.S. discontinued baccalaureate programs does not elevate the Philippine degree to master's equivalency.…
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The beneficiary's Philippine bachelor's degree in physical therapy constitutes a foreign equivalent of a U.S. baccalaureate degree, not an advanced degree. EDGE states that the five-year physical therapy bachelor's degree in the Philippines is undergraduate-level, and the fact that the U.S. discontinued baccalaureate programs does not elevate the Philippine degree to master's equivalency. The FCCPT evaluation was given reduced weight because its authority is limited to the credentialing/admissibility context, not advanced degree determinations for EB-2 purposes.
AAO agreed the bachelor's is not a foreign equivalent advanced degree; FCCPT's substantial-equivalence coursework analysis is not binding and addresses a different standard, and EDGE confirms the Philippine PT bachelor's is comparable to a U.S. bachelor's.
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AAO agreed the bachelor's is not a foreign equivalent advanced degree; FCCPT's substantial-equivalence coursework analysis is not binding and addresses a different standard, and EDGE confirms the Philippine PT bachelor's is comparable to a U.S. bachelor's.
AAO finds the evidence insufficient to show the Philippine bachelor's degree is above baccalaureate level. EDGE indicates the Philippine PT degree is comparable to a U.S. bachelor's; CAPTE data shows U.S. master's PT programs require ~202 credits, far more than the beneficiary's program. Expert evaluations are advisory and were given less weight where inconsistent with EDGE.
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AAO finds the evidence insufficient to show the Philippine bachelor's degree is above baccalaureate level. EDGE indicates the Philippine PT degree is comparable to a U.S. bachelor's; CAPTE data shows U.S. master's PT programs require ~202 credits, far more than the beneficiary's program. Expert evaluations are advisory and were given less weight where inconsistent with EDGE.
advanced degree or foreign equivalent under 8 C.F.R. § 204.5(k)(2)
AAO 为什么未被说服
FCCPT's substantial-equivalence finding aggregated coursework from multiple sources and is not equivalent to a single foreign degree above a baccalaureate. EDGE indicates the Philippine bachelor's in physical therapy is comparable to a U.S. bachelor's degree, not a master's.
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FCCPT's substantial-equivalence finding aggregated coursework from multiple sources and is not equivalent to a single foreign degree above a baccalaureate. EDGE indicates the Philippine bachelor's in physical therapy is comparable to a U.S. bachelor's degree, not a master's.