lesser nationally or internationally recognized prizes or awards
证据为何得到认可
AAO found that the petitioner's collegiate chess team received a top-level championship award in 2009 and 2010 and the petitioner was a credited member, and that he individually finished first in a 2009 event, satisfying the plain language of the criterion.
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AAO found that the petitioner's collegiate chess team received a top-level championship award in 2009 and 2010 and the petitioner was a credited member, and that he individually finished first in a 2009 event, satisfying the plain language of the criterion.
AAO found insufficient initial evidence (no complete annual reports, federal tax returns, or audited financial statements), insufficient net income/net current assets for 2009-2012, no Sonegawa-type factors, and no documentation of ability to pay the combined wages for its 89 other I-140 beneficiaries.
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AAO found insufficient initial evidence (no complete annual reports, federal tax returns, or audited financial statements), insufficient net income/net current assets for 2009-2012, no Sonegawa-type factors, and no documentation of ability to pay the combined wages for its 89 other I-140 beneficiaries.
Beneficiary meets minimum education requirements of labor certification
证据为何得到认可
AAO found that the beneficiary's two degrees and supporting credential evaluations demonstrate the foreign equivalent of a U.S. baccalaureate degree in Computer Science or a related field, satisfying the labor certification's minimum education requirement.
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AAO found that the beneficiary's two degrees and supporting credential evaluations demonstrate the foreign equivalent of a U.S. baccalaureate degree in Computer Science or a related field, satisfying the labor certification's minimum education requirement.
AAO found that the beneficiary's degree-granting institution was not accredited by any agency recognized by the DOE or CHEA. The IAO was not shown to be a recognized accrediting agency. A degree from an unaccredited institution does not satisfy the regulatory definition of 'advanced degree,' and no alternative path (bachelor's plus five years of experience) was established.
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AAO found that the beneficiary's degree-granting institution was not accredited by any agency recognized by the DOE or CHEA. The IAO was not shown to be a recognized accrediting agency. A degree from an unaccredited institution does not satisfy the regulatory definition of 'advanced degree,' and no alternative path (bachelor's plus five years of experience) was established.
After reviewing the full record including newly submitted evidence, AAO found that the petitioner established by a preponderance of the evidence its continuing ability to pay the proffered wage from the priority date.
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After reviewing the full record including newly submitted evidence, AAO found that the petitioner established by a preponderance of the evidence its continuing ability to pay the proffered wage from the priority date.
Minimum experience requirement (60 months in proffered position of marketing manager)
AAO 为什么未被说服
The beneficiary's prior experience was as a media buyer, which is not substantially the same as the proffered marketing manager position. Furthermore, the labor certification at H.10 precluded use of experience in an alternate occupation, and the beneficiary's experience with the petitioner could not qualify him because the petitioner answered 'no' to question J.21 and experience in an alternate occupation was not permitted.
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The beneficiary's prior experience was as a media buyer, which is not substantially the same as the proffered marketing manager position. Furthermore, the labor certification at H.10 precluded use of experience in an alternate occupation, and the beneficiary's experience with the petitioner could not qualify him because the petitioner answered 'no' to question J.21 and experience in an alternate occupation was not permitted.
Minimum education requirement (master's degree in business administration)
AAO 为什么未被说服
AAO held that USCIS must read the labor certification exactly as completed and may not look beyond its plain language. Both Part H and Part J of the labor certification required a master's degree, and the record only established a bachelor's degree. AAO also rejected the argument that a prevailing wage determination could override the plain language of the labor certification.
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AAO held that USCIS must read the labor certification exactly as completed and may not look beyond its plain language. Both Part H and Part J of the labor certification required a master's degree, and the record only established a bachelor's degree. AAO also rejected the argument that a prevailing wage determination could override the plain language of the labor certification.
The balance sheets were unaudited compilations and thus not persuasive evidence under 8 C.F.R. § 204.5(g)(2). The balance sheets were also unclear as to net current assets, and the petitioner's mixing of accrual and cash methods was unpersuasive.
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The balance sheets were unaudited compilations and thus not persuasive evidence under 8 C.F.R. § 204.5(g)(2). The balance sheets were also unclear as to net current assets, and the petitioner's mixing of accrual and cash methods was unpersuasive.