The beneficiary appears related to one of the petitioner's shareholders; a relationship invalidating a bona fide job offer can arise through blood, marriage, finances, or friendship, and the petitioner did not rebut the inference.
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The beneficiary appears related to one of the petitioner's shareholders; a relationship invalidating a bona fide job offer can arise through blood, marriage, finances, or friendship, and the petitioner did not rebut the inference.
The labor certification expired June 6, 2010, and all USCIS filings occurred in 2011. The petitioner provided no evidence of a timely filing within the certification's validity period.
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The labor certification expired June 6, 2010, and all USCIS filings occurred in 2011. The petitioner provided no evidence of a timely filing within the certification's validity period.
Net income and net current assets for 2009–2011 were all below the $72,200 proffered wage, and related corporate tax records could not be considered because a corporation is a separate legal entity from its shareholders.
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Net income and net current assets for 2009–2011 were all below the $72,200 proffered wage, and related corporate tax records could not be considered because a corporation is a separate legal entity from its shareholders.
published material about the alien in professional or major trade publications
裁决如何说明
Counsel listed this criterion in the table of contents but failed to include any substantive discussion in the brief. The AAO treated this as abandoned on appeal.
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Counsel listed this criterion in the table of contents but failed to include any substantive discussion in the brief. The AAO treated this as abandoned on appeal.
Based on review of the record, the petitioner submitted sufficient documentary evidence to establish that the beneficiary meets the plain language of the judging criterion.
为什么值得参考
了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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Based on review of the record, the petitioner submitted sufficient documentary evidence to establish that the beneficiary meets the plain language of the judging criterion.
AAO explicitly declined to conduct a final merits determination because the petitioner failed to satisfy the threshold requirement of three types of evidence.
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AAO explicitly declined to conduct a final merits determination because the petitioner failed to satisfy the threshold requirement of three types of evidence.
authorship of scholarly articles in professional or major trade publications
裁决如何说明
Similar to criterion iii, counsel listed this criterion in the table of contents but provided no substantive discussion on appeal; the claim was treated as abandoned.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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Similar to criterion iii, counsel listed this criterion in the table of contents but provided no substantive discussion on appeal; the claim was treated as abandoned.
Beneficiary qualifications per labor certification
AAO 为什么未被说服
The beneficiary lacks a single foreign equivalent degree to a U.S. bachelor's degree. The H-1B experience-for-education equivalency rule does not apply to immigrant petitions. The labor certification allowed no alternative combinations of education and experience, and AACRAO EDGE evaluations confirmed the beneficiary's foreign credentials do not rise to the level of a U.S. baccalaureate degree.
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The beneficiary lacks a single foreign equivalent degree to a U.S. bachelor's degree. The H-1B experience-for-education equivalency rule does not apply to immigrant petitions. The labor certification allowed no alternative combinations of education and experience, and AACRAO EDGE evaluations confirmed the beneficiary's foreign credentials do not rise to the level of a U.S. baccalaureate degree.
No audited financial statements or annual reports were submitted, and current assets and liabilities are not stated on a Schedule C, so net current assets could not be ascertained. Shareholder personal assets cannot be attributed to the LLC as a separate legal entity, and personal account statements are not among the three types of evidence enumerated in 8 C.F.R. § 204.5(g)(2).
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No audited financial statements or annual reports were submitted, and current assets and liabilities are not stated on a Schedule C, so net current assets could not be ascertained. Shareholder personal assets cannot be attributed to the LLC as a separate legal entity, and personal account statements are not among the three types of evidence enumerated in 8 C.F.R. § 204.5(g)(2).