advanced degree or foreign equivalent as of priority date
AAO 为什么未被说服
AAO concluded that the evidence is insufficient to establish that the beneficiary had been awarded a U.S. bachelor's degree or foreign equivalent degree by the priority date; the certificate ultimately submitted shows conferral on May 18, 2013, after the August 15, 2012 priority date.
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AAO concluded that the evidence is insufficient to establish that the beneficiary had been awarded a U.S. bachelor's degree or foreign equivalent degree by the priority date; the certificate ultimately submitted shows conferral on May 18, 2013, after the August 15, 2012 priority date.
serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications
AAO 为什么未被说服
AAO found the petitioner's awards were local or institutional, the support letters did not show influence beyond her schools, and the temporary debarment of her employer is not a basis for waiver. The petitioner did not demonstrate a past history of achievement with influence on the field as a whole.
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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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AAO found the petitioner's awards were local or institutional, the support letters did not show influence beyond her schools, and the temporary debarment of her employer is not a basis for waiver. The petitioner did not demonstrate a past history of achievement with influence on the field as a whole.
beneficiary holds an advanced degree or foreign equivalent
AAO 为什么未被说服
The beneficiary's qualifications are a combination of a B.A. and ACCA exam completion, producing only the 'equivalent' of a bachelor's degree, not a single foreign equivalent degree from a college or university as required.
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The beneficiary's qualifications are a combination of a B.A. and ACCA exam completion, producing only the 'equivalent' of a bachelor's degree, not a single foreign equivalent degree from a college or university as required.
AAO concluded the impact of one teacher in one school is too attenuated at the national level to qualify; the references showed only local or institutional impact, and the NCLBA does not exempt teachers from NYSDOT.
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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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AAO concluded the impact of one teacher in one school is too attenuated at the national level to qualify; the references showed only local or institutional impact, and the NCLBA does not exempt teachers from NYSDOT.
Beneficiary meets minimum requirements of offered position (60 months experience in job offered, including supervisory duties)
AAO 为什么未被说服
The Level II position requires supervisory experience as evidenced by the job duties and GAL 2-98. The beneficiary's permissible prior-employer experience letters do not mention supervisory duties, so those positions are not 'in the job offered' and do not satisfy the labor certification's 60-month requirement.
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The Level II position requires supervisory experience as evidenced by the job duties and GAL 2-98. The beneficiary's permissible prior-employer experience letters do not mention supervisory duties, so those positions are not 'in the job offered' and do not satisfy the labor certification's 60-month requirement.
Beneficiary possesses an advanced degree or equivalent (baccalaureate + 5 years progressive post-baccalaureate experience)
AAO 为什么未被说服
Pre-baccalaureate experience cannot count; current employer experience is excluded because the beneficiary's position with the petitioner is substantially comparable to the offered position; the remaining post-baccalaureate qualifying experience is only approximately 28 months, well short of the required 60 months. One experience letter was also unsigned and did not satisfy 8 C.F.R. § 204.5(g)(1).
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Pre-baccalaureate experience cannot count; current employer experience is excluded because the beneficiary's position with the petitioner is substantially comparable to the offered position; the remaining post-baccalaureate qualifying experience is only approximately 28 months, well short of the required 60 months. One experience letter was also unsigned and did not satisfy 8 C.F.R. § 204.5(g)(1).
five years of qualifying experience required by labor certification
AAO 为什么未被说服
Experience with the petitioner is in a substantially comparable position and cannot be used; earlier work with the petitioner was as Business Development Manager (an alternate occupation not accepted); the Indian employer letter is signed by an unnamed 'authorized signatory' and describes a sales/marketing position, not cost accountant.
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Experience with the petitioner is in a substantially comparable position and cannot be used; earlier work with the petitioner was as Business Development Manager (an alternate occupation not accepted); the Indian employer letter is signed by an unnamed 'authorized signatory' and describes a sales/marketing position, not cost accountant.
continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
Documents predate the priority date or show wages substantially below the proffered wage, and the petitioner did not address aggregate ability to pay across its 20+ pending I-140s.
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Documents predate the priority date or show wages substantially below the proffered wage, and the petitioner did not address aggregate ability to pay across its 20+ pending I-140s.
AAO agrees the degree does not qualify because the institution is unaccredited, but expressly disagrees with the director's reliance on Matter of Yau and Tang v. INS, finding those authorities do not directly apply.
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AAO agrees the degree does not qualify because the institution is unaccredited, but expressly disagrees with the director's reliance on Matter of Yau and Tang v. INS, finding those authorities do not directly apply.