The AAO accepted only 10 months from the graduate assistant position, 6 months from one employer (due to contradictions from the asset purchase agreement about the actual start date), and 18 months from another employer—totaling far less than 60 months.…
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The AAO accepted only 10 months from the graduate assistant position, 6 months from one employer (due to contradictions from the asset purchase agreement about the actual start date), and 18 months from another employer—totaling far less than 60 months. The letter for the hyperion consultant position (June 2007–September 2009) was rejected because it lacked company letterhead and did not demonstrate the supervisor could account for the beneficiary's work at multiple locations, and primary evidence was available but not provided. The employer not listed on the labor certification was disregarded, and experience with the petitioner itself could not qualify because the position was substantially comparable.
The AAO agreed that the proposed benefits of the petitioner's work as a cardiology researcher would be national in scope, noting expert letters supported this second prong.
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识别 AAO 期待看到的已有进展、资源、外部兴趣，以及过去经历与未来计划之间的连接。
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The AAO agreed that the proposed benefits of the petitioner's work as a cardiology researcher would be national in scope, noting expert letters supported this second prong.
national interest served to substantially greater degree than a U.S. worker with same minimum qualifications
AAO 为什么未被说服
The petitioner's evidence showed he is a capable cardiology fellow with a favorable reputation among colleagues, but there was no documentary evidence that his work had independently influenced the field as a whole.…
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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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The petitioner's evidence showed he is a capable cardiology fellow with a favorable reputation among colleagues, but there was no documentary evidence that his work had independently influenced the field as a whole. Expert letters speculated about future impact rather than demonstrating actual influence, the key article was published after the filing date and thus could not establish eligibility as of the filing date, and recognition received was of institutional rather than national significance.
possession of advanced degree or foreign equivalent
AAO 为什么未被说服
AAO affirmed that a foreign equivalent degree must come from a college or university, and that membership in a professional society—even if considered 'comparable' to a bachelor's degree by EDGE—is only the 'equivalent' of a degree rather than a 'foreign equivalent degree' within the regulatory definition. The professional society is not an institution of higher education capable of conferring a degree.
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AAO affirmed that a foreign equivalent degree must come from a college or university, and that membership in a professional society—even if considered 'comparable' to a bachelor's degree by EDGE—is only the 'equivalent' of a degree rather than a 'foreign equivalent degree' within the regulatory definition. The professional society is not an institution of higher education capable of conferring a degree.
national interest substantially greater than a U.S. worker with same minimum qualifications
AAO 为什么未被说服
The petitioner's reference letters lacked specific examples of how his work influenced the field as a whole; his citation evidence was self-compiled and unsupported; his qualifications, skills, and potential contributions do not rise to the level needed to outweigh the national interest in labor certification protections. Eligibility is assessed as of the filing date, and claims of future or potential impact are insufficient.
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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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The petitioner's reference letters lacked specific examples of how his work influenced the field as a whole; his citation evidence was self-compiled and unsupported; his qualifications, skills, and potential contributions do not rise to the level needed to outweigh the national interest in labor certification protections. Eligibility is assessed as of the filing date, and claims of future or potential impact are insufficient.
The petitioner's 2012 Form 1120 reflected only $7,146.00 in net income and -$67,577.00 in net current assets, which were insufficient to cover the gap between the proffered wage and wages actually paid. Reliance on gross receipts is misplaced; net income is the proper measure.
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The petitioner's 2012 Form 1120 reflected only $7,146.00 in net income and -$67,577.00 in net current assets, which were insufficient to cover the gap between the proffered wage and wages actually paid. Reliance on gross receipts is misplaced; net income is the proper measure.
Ability to pay proffered wages for multiple I-140 beneficiaries
AAO 为什么未被说服
The petitioner filed multiple I-140 petitions for other beneficiaries, requiring it to demonstrate ability to pay all proffered wages combined. The payroll records submitted showed none of the other beneficiaries were paid their proffered wages, and those records were inconsistent with the W-2 data.…
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The petitioner filed multiple I-140 petitions for other beneficiaries, requiring it to demonstrate ability to pay all proffered wages combined. The payroll records submitted showed none of the other beneficiaries were paid their proffered wages, and those records were inconsistent with the W-2 data. The petitioner also failed to provide requested information about withdrawals and missing wage data, precluding a full assessment.