The AAO explicitly declined to conduct a final merits determination because the petitioner failed to meet the threshold requirement of qualifying evidence under at least three criteria.
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The AAO explicitly declined to conduct a final merits determination because the petitioner failed to meet the threshold requirement of qualifying evidence under at least three criteria.
serve the national interest to a substantially greater degree than an available U.S. worker
AAO 为什么未被说服
AAO held the recommendation letters had little probative value due to identical language, the petitioner's conference presentations and association membership did not demonstrate impact on the field, and a shortage of similarly qualified workers does not establish NIW eligibility.
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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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AAO held the recommendation letters had little probative value due to identical language, the petitioner's conference presentations and association membership did not demonstrate impact on the field, and a shortage of similarly qualified workers does not establish NIW eligibility.
Labor certification requires advanced degree professional
AAO 为什么未被说服
AAO read the plain language of the labor certification, particularly H.14's acceptance of 'a combination of degrees,' as indicating the employer would accept a combination of degrees as a substitute for a bachelor's degree, meaning the position does not require an advanced degree. Counsel's contrary interpretation was unsupported by documentary evidence.
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AAO read the plain language of the labor certification, particularly H.14's acceptance of 'a combination of degrees,' as indicating the employer would accept a combination of degrees as a substitute for a bachelor's degree, meaning the position does not require an advanced degree. Counsel's contrary interpretation was unsupported by documentary evidence.
Beneficiary meets labor certification requirements by priority date
AAO 为什么未被说服
Employment letters were defective for failing to include signatory titles and job duty descriptions; the petitioner's own letter could not establish qualifying experience because J.21 of the labor certification stated the experience was gained in a substantially comparable position with the petitioner; and multiple inconsistencies between the labor certification, employment letters, and Form G-325A were unresolved by indepe…
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Employment letters were defective for failing to include signatory titles and job duty descriptions; the petitioner's own letter could not establish qualifying experience because J.21 of the labor certification stated the experience was gained in a substantially comparable position with the petitioner; and multiple inconsistencies between the labor certification, employment letters, and Form G-325A were unresolved by independent objective evidence.
Wages from the affiliated entity cannot be credited without evidence of a financial obligation; tax returns show negative net income and negative net current assets for both 2010 and 2011; Sonegawa-type totality argument lacks evidentiary support.
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Wages from the affiliated entity cannot be credited without evidence of a financial obligation; tax returns show negative net income and negative net current assets for both 2010 and 2011; Sonegawa-type totality argument lacks evidentiary support.
five years of qualifying experience required by ETA Form 9089
AAO 为什么未被说服
If the affiliated entity is treated as the same employer (as petitioner urges for ability-to-pay), then experience there cannot count, leaving only 52 of the required 60 months.
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If the affiliated entity is treated as the same employer (as petitioner urges for ability-to-pay), then experience there cannot count, leaving only 52 of the required 60 months.