Beneficiary met minimum requirements by priority date
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AAO interpreted the plain language of the labor certification as requiring 60 months of alternate occupation experience in addition to the Master's degree. The first experience letter covered only 37 months prior to priority date.…
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AAO interpreted the plain language of the labor certification as requiring 60 months of alternate occupation experience in addition to the Master's degree. The first experience letter covered only 37 months prior to priority date. The second experience letter was discredited because the employment period predated the company's existence (not established until April 2011), contradicted the beneficiary's own resume and transcripts showing he was pursuing degrees full-time during the claimed employment, and the experience was not listed on the labor certification itself.
The AAO relied on EDGE (AACRAO database) to determine that the beneficiary's Bachelor of Commerce degree is only comparable to two to three years of U.S. study and the ICAI membership, while comparable to a bachelor's degree in level, is not a degree from a college or university and therefore not a 'foreign equivalent degree' under 8 C.F.R. § 204.5(k)(2).…
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The AAO relied on EDGE (AACRAO database) to determine that the beneficiary's Bachelor of Commerce degree is only comparable to two to three years of U.S. study and the ICAI membership, while comparable to a bachelor's degree in level, is not a degree from a college or university and therefore not a 'foreign equivalent degree' under 8 C.F.R. § 204.5(k)(2). The prior AAO non-precedent decision cited by counsel was itself withdrawn by the AAO on its own motion in 2011.
labor certification requires advanced degree professional
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AAO agrees the alternate requirements in H.8 (any equivalent combination of education, training, and/or work experience with 0 years of experience) permit qualification below the advanced-degree threshold.
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AAO agrees the alternate requirements in H.8 (any equivalent combination of education, training, and/or work experience with 0 years of experience) permit qualification below the advanced-degree threshold.
advanced degree or foreign equivalent (baccalaureate + 5 years progressive experience)
AAO 为什么未被说服
The beneficiary's Certificate of Completion is a Pasante credential that does not confer the licenciatura or título, meaning the beneficiary did not complete all degree requirements. EDGE confirms the Pasante is insufficient to establish degree completion and the beneficiary's own certificate states he must still take a mandatory Professional Examination to obtain the Professional Title.…
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The beneficiary's Certificate of Completion is a Pasante credential that does not confer the licenciatura or título, meaning the beneficiary did not complete all degree requirements. EDGE confirms the Pasante is insufficient to establish degree completion and the beneficiary's own certificate states he must still take a mandatory Professional Examination to obtain the Professional Title. Therefore, the beneficiary does not possess the foreign equivalent of a U.S. bachelor's degree.
Labor certification requires advanced degree professional
AAO 为什么未被说服
The labor certification's alternate requirements permit qualification with less than a full baccalaureate degree (e.g., a combination of academic credits equivalent to a bachelor's degree) plus experience that 'can be' progressive rather than requiring at least five years of progressive experience, conflicting with 8 C.F.R. § 204.5(k)(2).
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The labor certification's alternate requirements permit qualification with less than a full baccalaureate degree (e.g., a combination of academic credits equivalent to a bachelor's degree) plus experience that 'can be' progressive rather than requiring at least five years of progressive experience, conflicting with 8 C.F.R. § 204.5(k)(2).
W-2 wages paid to the beneficiary in 2010–2012 were all below the proffered wage. The petitioner submitted no household expense statement, leaving AGI figures insufficient to evaluate ability to cover both household obligations and the proffered wage. Prior inconsistencies in household expense claims were never resolved, and petitioner did not address its obligations to simultaneously sponsored workers.
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W-2 wages paid to the beneficiary in 2010–2012 were all below the proffered wage. The petitioner submitted no household expense statement, leaving AGI figures insufficient to evaluate ability to cover both household obligations and the proffered wage. Prior inconsistencies in household expense claims were never resolved, and petitioner did not address its obligations to simultaneously sponsored workers.
beneficiary meets minimum requirements of offered position per labor certification
AAO 为什么未被说服
The labor certification's plain language requires a Bachelor's degree or foreign equivalent, which the beneficiary failed to establish. The AAO cited this as an independent and alternate basis for denial.
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The labor certification's plain language requires a Bachelor's degree or foreign equivalent, which the beneficiary failed to establish. The AAO cited this as an independent and alternate basis for denial.
leading or critical role for organizations or establishments with distinguished reputation
AAO 为什么未被说服
The petitioner, a postdoctoral researcher, failed to demonstrate that his roles in research projects constituted a leading or critical role for the organizations as a whole. Evidence was largely conclusory, the organizational chart was unauthenticated and pertained only to a single project team, and the petitioner only claimed a qualifying role for one institution rather than the plural 'organizations or establishments' req…
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The petitioner, a postdoctoral researcher, failed to demonstrate that his roles in research projects constituted a leading or critical role for the organizations as a whole. Evidence was largely conclusory, the organizational chart was unauthenticated and pertained only to a single project team, and the petitioner only claimed a qualifying role for one institution rather than the plural 'organizations or establishments' required by the regulation.
Consistency of employment record evidence (prerequisite to exceptional ability analysis)
AAO 为什么未被说服
The beneficiary's resume conflicts with the ETA Form 9089 and employment verification letters on multiple dates and employers prior to August 2001, and also on the start date with the petitioner (October 2005 on resume vs. April 3, 2006 per the Form 9089 and employer letter). These inconsistencies must be resolved by independent objective evidence before the exceptional ability criteria can be properly evaluated.
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The beneficiary's resume conflicts with the ETA Form 9089 and employment verification letters on multiple dates and employers prior to August 2001, and also on the start date with the petitioner (October 2005 on resume vs. April 3, 2006 per the Form 9089 and employer letter). These inconsistencies must be resolved by independent objective evidence before the exceptional ability criteria can be properly evaluated.
labor certification requires advanced degree professional
AAO 为什么未被说服
AAO agreed that the H-14 provision allowing a combination of education as determined by a 'qualified evaluation service' could allow qualification with less than the baccalaureate-plus-five-years equivalent of an advanced degree, so the position does not require an advanced degree professional. AAO distinguished Matter of GE Healthcare as not addressing H-14 alternative education requirements.
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AAO agreed that the H-14 provision allowing a combination of education as determined by a 'qualified evaluation service' could allow qualification with less than the baccalaureate-plus-five-years equivalent of an advanced degree, so the position does not require an advanced degree professional. AAO distinguished Matter of GE Healthcare as not addressing H-14 alternative education requirements.