labor certification requires advanced degree or equivalent
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AAO affirms: because Part H.4 marks 'Other' education and H.4-A allows a combination of degrees to meet the Bachelor's, the labor certification does not require a single baccalaureate (or foreign equivalent) degree plus five years of progressive experience, and therefore does not require an advanced degree professional.
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AAO affirms: because Part H.4 marks 'Other' education and H.4-A allows a combination of degrees to meet the Bachelor's, the labor certification does not require a single baccalaureate (or foreign equivalent) degree plus five years of progressive experience, and therefore does not require an advanced degree professional.
The support letter described the petitioner as a 'necessary component' of a large research network and a 'positive influence on the entire local community,' but failed to explain how his influence was national in scope or point to specific research findings impacting the field as a whole.
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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 support letter described the petitioner as a 'necessary component' of a large research network and a 'positive influence on the entire local community,' but failed to explain how his influence was national in scope or point to specific research findings impacting the field as a whole.
national interest substantially greater than U.S. worker
AAO 为什么未被说服
The petitioner failed to demonstrate a past record of achievement with demonstrable influence on the field as a whole sufficient to distinguish him from an available U.S. worker with the same minimum qualifications.
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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 failed to demonstrate a past record of achievement with demonstrable influence on the field as a whole sufficient to distinguish him from an available U.S. worker with the same minimum qualifications.
Beneficiary possesses advanced degree or foreign equivalent
AAO 为什么未被说服
The professional examination credential, while recognized by EDGE as comparable to a U.S. bachelor's degree, is not issued by a college or university and therefore cannot qualify as a 'foreign equivalent degree.' The beneficiary's three-year academic bachelor's degree also falls short of the four-year equivalency requirement.…
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The professional examination credential, while recognized by EDGE as comparable to a U.S. bachelor's degree, is not issued by a college or university and therefore cannot qualify as a 'foreign equivalent degree.' The beneficiary's three-year academic bachelor's degree also falls short of the four-year equivalency requirement. Without a qualifying single foreign equivalent degree from a college or university, the advanced degree professional standard cannot be met even combined with five years of progressive experience.
The 2012 Form 1120S showed net income of -$24,161 and net current assets of -$146,772, both well below the $95,513.60 proffered wage. Unaudited financial statements are insufficient under 8 C.F.R. § 204.5(g)(2), bank statements are not an enumerated form of evidence and cannot show sustainable ability to pay, and projections of future earnings are legally impermissible to establish present ability to pay.…
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The 2012 Form 1120S showed net income of -$24,161 and net current assets of -$146,772, both well below the $95,513.60 proffered wage. Unaudited financial statements are insufficient under 8 C.F.R. § 204.5(g)(2), bank statements are not an enumerated form of evidence and cannot show sustainable ability to pay, and projections of future earnings are legally impermissible to establish present ability to pay. The totality of circumstances did not establish ability to pay, as no uncharacteristic business expenditures explaining the losses were shown.
Beneficiary meets minimum requirements of offered position per labor certification
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For the same reasons the beneficiary lacks a qualifying foreign equivalent degree, the beneficiary fails to satisfy the labor certification's minimum educational requirement of a bachelor's degree in Accounting, Finance, MIS, or a related field by the priority date.
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For the same reasons the beneficiary lacks a qualifying foreign equivalent degree, the beneficiary fails to satisfy the labor certification's minimum educational requirement of a bachelor's degree in Accounting, Finance, MIS, or a related field by the priority date.
published material about the alien in professional or major trade publications or other major media
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AAO affirmed that the articles were about the team or events where the team competed, not about the petitioner personally. The plain language of the criterion requires the published material to be about the petitioner, and articles that only mention him in passing do not qualify.
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AAO affirmed that the articles were about the team or events where the team competed, not about the petitioner personally. The plain language of the criterion requires the published material to be about the petitioner, and articles that only mention him in passing do not qualify.
AAO agreed the beneficiary lacks an advanced degree and the credential evaluations relying on work experience to fill education gaps are unpersuasive because the 3-for-1 rule applies only to H-1B nonimmigrant petitions.
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AAO agreed the beneficiary lacks an advanced degree and the credential evaluations relying on work experience to fill education gaps are unpersuasive because the 3-for-1 rule applies only to H-1B nonimmigrant petitions.