possession of a U.S. advanced degree or foreign equivalent degree
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The SDC is a professional organization, not a college or university, and therefore cannot confer a qualifying foreign equivalent degree. A single U.S. baccalaureate or foreign equivalent degree from a college or university is required; a combination of lesser credentials and/or work experience cannot satisfy the requirement.
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The SDC is a professional organization, not a college or university, and therefore cannot confer a qualifying foreign equivalent degree. A single U.S. baccalaureate or foreign equivalent degree from a college or university is required; a combination of lesser credentials and/or work experience cannot satisfy the requirement.
labor certification requires advanced degree or equivalent
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The AAO agreed that the labor certification's H.8 alternate combination allowing 'equivalent of a Bachelor's' plus five years experience permits qualification with less than a baccalaureate followed by five years of progressive experience, so the position does not require an advanced degree.
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The AAO agreed that the labor certification's H.8 alternate combination allowing 'equivalent of a Bachelor's' plus five years experience permits qualification with less than a baccalaureate followed by five years of progressive experience, so the position does not require an advanced degree.
national interest substantially greater than U.S. worker
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Claiming unique skills or special training does not inherently meet the national interest threshold. Labor shortage arguments fall under the jurisdiction of the Department of Labor through the alien employment certification process. The petitioner's credentials, awards, and professional certifications establish, at most, exceptional ability, which is not itself sufficient for the waiver.
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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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Claiming unique skills or special training does not inherently meet the national interest threshold. Labor shortage arguments fall under the jurisdiction of the Department of Labor through the alien employment certification process. The petitioner's credentials, awards, and professional certifications establish, at most, exceptional ability, which is not itself sufficient for the waiver.
labor certification requires advanced degree or equivalent
AAO 为什么未被说服
AAO agreed that, under the labor certification's stated minimum requirements (including H.8 alternate combination, H.10 alternate occupation experience, and the H.14 degree-equivalency clause), the offered position could be filled by someone with less than an advanced degree or less than a baccalaureate followed by five years of progressive experience.
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AAO agreed that, under the labor certification's stated minimum requirements (including H.8 alternate combination, H.10 alternate occupation experience, and the H.14 degree-equivalency clause), the offered position could be filled by someone with less than an advanced degree or less than a baccalaureate followed by five years of progressive experience.
The ETA Form 9089 requires only a bachelor's degree in science education with no experience, or alternatively 60 months as a science teacher. Because it is possible to qualify with less than a bachelor's degree plus five years progressive experience in the specialty, the position does not require an advanced degree professional as required for EB-2 classification.
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The ETA Form 9089 requires only a bachelor's degree in science education with no experience, or alternatively 60 months as a science teacher. Because it is possible to qualify with less than a bachelor's degree plus five years progressive experience in the specialty, the position does not require an advanced degree professional as required for EB-2 classification.
Continuing ability to pay proffered wage from priority date
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The petitioner paid below the proffered wage in all years reviewed. While 2011 Form 990 excess revenue of $75,725 was sufficient, no financial evidence covered 2012 or 2013 deficiencies, and the totality-of-circumstances analysis under Sonegawa did not support ability to pay.
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The petitioner paid below the proffered wage in all years reviewed. While 2011 Form 990 excess revenue of $75,725 was sufficient, no financial evidence covered 2012 or 2013 deficiencies, and the totality-of-circumstances analysis under Sonegawa did not support ability to pay.
The petitioner's work as a music teacher and special educator was limited in impact to the students and staff at her schools. Letters of support described local activities only, and no documentary evidence showed her work influenced the field of education at a national level. General arguments about the importance of arts integration addressed only the substantial intrinsic merit prong, not national scope.
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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 petitioner's work as a music teacher and special educator was limited in impact to the students and staff at her schools. Letters of support described local activities only, and no documentary evidence showed her work influenced the field of education at a national level. General arguments about the importance of arts integration addressed only the substantial intrinsic merit prong, not national scope.
AAO agreed that the petitioner's work as an educator and performing artist is in an area of substantial intrinsic merit, and moved on to assess the remaining prongs.
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对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO agreed that the petitioner's work as an educator and performing artist is in an area of substantial intrinsic merit, and moved on to assess the remaining prongs.
The petitioner's 2011 net income was negative (-$39,323) and net current assets were also negative (-$8,889). The owner's certificate of deposit could not be attributed to the corporation as a separate legal entity. The wages paid to workers were well below the proffered wage, and gross receipts alone are insufficient to establish ability to pay.
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The petitioner's 2011 net income was negative (-$39,323) and net current assets were also negative (-$8,889). The owner's certificate of deposit could not be attributed to the corporation as a separate legal entity. The wages paid to workers were well below the proffered wage, and gross receipts alone are insufficient to establish ability to pay.
EDGE indicates the beneficiary's three-year bachelor's is equivalent to three years of U.S. university study and the Indian master's is comparable only to a U.S. bachelor's degree. The submitted credential evaluations were inconsistent, lacked methodology and source disclosures, and were therefore unreliable.…
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EDGE indicates the beneficiary's three-year bachelor's is equivalent to three years of U.S. university study and the Indian master's is comparable only to a U.S. bachelor's degree. The submitted credential evaluations were inconsistent, lacked methodology and source disclosures, and were therefore unreliable. Supplemental sources did not establish that EDGE should be disregarded, and the beneficiary's 1991 degree predated and lacked the features identified by the article as supporting equivalency.