AAO found that the petitioner's reference letters and awards were limited to local, regional, or institutional significance and did not show that the benefits of her work extended beyond her school or local district. AAO cited the NYSDOT example that while education is in the national interest, the impact of a single schoolteacher in one elementary school is not national in scope for waiver purposes.
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AAO found that the petitioner's reference letters and awards were limited to local, regional, or institutional significance and did not show that the benefits of her work extended beyond her school or local district. AAO cited the NYSDOT example that while education is in the national interest, the impact of a single schoolteacher in one elementary school is not national in scope for waiver purposes.
No financial documents were submitted and the petitioner did not respond to the NOID requesting ability-to-pay evidence. Neither wages paid to the beneficiary, net income, nor net current assets were established.
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No financial documents were submitted and the petitioner did not respond to the NOID requesting ability-to-pay evidence. Neither wages paid to the beneficiary, net income, nor net current assets were established.
beneficiary meets minimum requirements of labor certification
AAO 为什么未被说服
Experience with the petitioner cannot be used because the beneficiary performed the same duties as the offered position and Q J.21 was answered 'no', and the labor cert bars alternate occupation experience. No experience letter from the listed prior employer was provided even after NOID.
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Experience with the petitioner cannot be used because the beneficiary performed the same duties as the offered position and Q J.21 was answered 'no', and the labor cert bars alternate occupation experience. No experience letter from the listed prior employer was provided even after NOID.
advanced degree and experience as of priority date
证据为何得到认可
AAO determined upon full record review that the beneficiary possessed an advanced degree and the required work experience as of the priority date of July 24, 2012.
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AAO determined upon full record review that the beneficiary possessed an advanced degree and the required work experience as of the priority date of July 24, 2012.
The petitioner failed to show that the benefits of her work as an elementary school teacher would extend beyond her local school and school district to have a national impact. General arguments about the importance of education and NCLBA only address intrinsic merit and do not establish national scope for an individual teacher's work.…
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The petitioner failed to show that the benefits of her work as an elementary school teacher would extend beyond her local school and school district to have a national impact. General arguments about the importance of education and NCLBA only address intrinsic merit and do not establish national scope for an individual teacher's work. The 2012 MSA results cited by counsel actually reflected low rankings for the petitioner's district, undermining the claim of effective national impact.
labor certification supports advanced degree professional classification
AAO 为什么未被说服
AAO found Kellogg language was not required because the beneficiary qualifies based on the primary requirement, and that the language at issue is not actually Kellogg language. Even under counsel's interpretation, the H.14 language would allow qualification with less than a bachelor's plus five years' experience or a master's, so the labor certification does not support the EB-2 advanced degree professional category.
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AAO found Kellogg language was not required because the beneficiary qualifies based on the primary requirement, and that the language at issue is not actually Kellogg language. Even under counsel's interpretation, the H.14 language would allow qualification with less than a bachelor's plus five years' experience or a master's, so the labor certification does not support the EB-2 advanced degree professional category.
AAO agreed that the petitioner had not demonstrated continuing ability to pay because the record contains no evidence of wages paid to or proffered wages and priority dates of the 18 additional sponsored workers, and excess payments to some workers do not establish funds available to pay others.
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AAO agreed that the petitioner had not demonstrated continuing ability to pay because the record contains no evidence of wages paid to or proffered wages and priority dates of the 18 additional sponsored workers, and excess payments to some workers do not establish funds available to pay others.
Beneficiary meets experience requirements of the labor certification
AAO 为什么未被说服
The AAO found that the experience letter from the prior employer described duties of a System Network Engineer rather than a Business Development Specialist, and the petitioner's own president confirmed the two positions were completely different. Additionally, an unresolved discrepancy between the Pakistan experience letter and other record documents prevented reliance on that experience.
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The AAO found that the experience letter from the prior employer described duties of a System Network Engineer rather than a Business Development Specialist, and the petitioner's own president confirmed the two positions were completely different. Additionally, an unresolved discrepancy between the Pakistan experience letter and other record documents prevented reliance on that experience.