Most awards lacked evidence of national or international recognition beyond the issuing organization's self-promotion. Primary evidence of the most significant career award was missing. Translation deficiencies further undermined the evidence. Only one potentially nationally recognized award was documented, and even that lacked compliant translations and primary evidence.
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Most awards lacked evidence of national or international recognition beyond the issuing organization's self-promotion. Primary evidence of the most significant career award was missing. Translation deficiencies further undermined the evidence. Only one potentially nationally recognized award was documented, and even that lacked compliant translations and primary evidence.
Petitioner failed to provide actual box office receipts or sales data as required by the plain language of the regulation. Letters and articles provided only general assertions about ticket sales, not specific commercial success data. Translation deficiencies also undermined the evidence.
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Petitioner failed to provide actual box office receipts or sales data as required by the plain language of the regulation. Letters and articles provided only general assertions about ticket sales, not specific commercial success data. Translation deficiencies also undermined the evidence.
AAO held that work experience alone cannot substitute for a baccalaureate degree, a degree from an unaccredited institution issued without classroom attendance has no evidentiary value, and the beneficiary therefore lacks the required single foreign equivalent degree plus five years of progressive experience.
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AAO held that work experience alone cannot substitute for a baccalaureate degree, a degree from an unaccredited institution issued without classroom attendance has no evidentiary value, and the beneficiary therefore lacks the required single foreign equivalent degree plus five years of progressive experience.
minimum educational requirements per ETA Form 9089
AAO 为什么未被说服
AAO affirmed that the beneficiary lacks any qualifying degree and, even crediting the unaccredited diploma, could not have accrued the required five years of post-degree experience before the priority date.
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AAO affirmed that the beneficiary lacks any qualifying degree and, even crediting the unaccredited diploma, could not have accrued the required five years of post-degree experience before the priority date.
Considering the W-2s showing wages paid above the proffered wage and tax returns showing adequate net income or net current assets, AAO concluded the petitioner demonstrated ability to pay.
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Considering the W-2s showing wages paid above the proffered wage and tax returns showing adequate net income or net current assets, AAO concluded the petitioner demonstrated ability to pay.
sixty months post-baccalaureate qualifying experience
AAO 为什么未被说服
The AAO affirmed that experience gained with the petitioner in the identical systems administrator position cannot be counted toward the sixty-month requirement. Adding only the first two eligible jobs yields approximately 56 months of post-baccalaureate experience from non-comparable employment, which is insufficient.…
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The AAO affirmed that experience gained with the petitioner in the identical systems administrator position cannot be counted toward the sixty-month requirement. Adding only the first two eligible jobs yields approximately 56 months of post-baccalaureate experience from non-comparable employment, which is insufficient. USCIS has authority to make this determination independent of DOL, and while BALCA cases are not binding, they provide guidance.
The AAO noted inconsistencies in the beneficiary's claimed educational credentials and the credentials evaluation, raising a question about his U.S. educational equivalency, but declined to further address the issue because the appeal was resolved on the experience ground.
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The AAO noted inconsistencies in the beneficiary's claimed educational credentials and the credentials evaluation, raising a question about his U.S. educational equivalency, but declined to further address the issue because the appeal was resolved on the experience ground.
specific identification of erroneous conclusion of law or fact
AAO 为什么未被说服
Counsel's appeal statement was a generic recitation of the NYSDOT factors without engaging the director's analysis or evidence; the only attached document was a copy of the director's denial notice.
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Counsel's appeal statement was a generic recitation of the NYSDOT factors without engaging the director's analysis or evidence; the only attached document was a copy of the director's denial notice.
Labor certification requires advanced degree professional
证据为何得到认可
The AAO held the H.14 equivalency language was DOL-mandated boilerplate under Matter of Francis Kellogg and did not permit the employer to accept lesser qualifications than the stated primary and alternative requirements. The director's interpretation would make any labor certification with alternative requirements ineligible for advanced degree classification.
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The AAO held the H.14 equivalency language was DOL-mandated boilerplate under Matter of Francis Kellogg and did not permit the employer to accept lesser qualifications than the stated primary and alternative requirements. The director's interpretation would make any labor certification with alternative requirements ineligible for advanced degree classification.