AAO agreed the petitioner failed to establish ability to pay because the wages paid were $71,260 below the proffered wage, requested tax returns/audited financial statements were not produced, and the record contained unresolved inconsistencies about the number of employees.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
AAO agreed the petitioner failed to establish ability to pay because the wages paid were $71,260 below the proffered wage, requested tax returns/audited financial statements were not produced, and the record contained unresolved inconsistencies about the number of employees.
Net income sufficient to cover difference between wages paid and proffered wage
AAO 为什么未被说服
The 2011 tax return (covering the period including the priority date) showed net income of only $16,601, which is insufficient to cover the difference between the actual wage paid and the proffered wage.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The 2011 tax return (covering the period including the priority date) showed net income of only $16,601, which is insufficient to cover the difference between the actual wage paid and the proffered wage.
Net current assets sufficient to cover proffered wage
AAO 为什么未被说服
The petitioner's net current assets for the fiscal year including the priority date were negative at -$27,516, which is insufficient to demonstrate ability to pay the proffered wage.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The petitioner's net current assets for the fiscal year including the priority date were negative at -$27,516, which is insufficient to demonstrate ability to pay the proffered wage.
Totality of circumstances under Matter of Sonegawa
AAO 为什么未被说服
Over ten years, only one fiscal year had net income or net current assets exceeding the proffered wage. No evidence showed the sole shareholder was willing to forego officer compensation, no evidence of the petitioner's industry reputation was submitted, and the bank statements did not demonstrate sustainable ability to pay. The totality of circumstances did not support a finding of ability to pay.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
Over ten years, only one fiscal year had net income or net current assets exceeding the proffered wage. No evidence showed the sole shareholder was willing to forego officer compensation, no evidence of the petitioner's industry reputation was submitted, and the bank statements did not demonstrate sustainable ability to pay. The totality of circumstances did not support a finding of ability to pay.
Wages paid to beneficiary equal to or exceeding proffered wage
AAO 为什么未被说服
The petitioner submitted a 2012 W-2 showing the beneficiary was paid $89,496, which is less than the proffered wage of $120,000, so the petitioner must demonstrate ability to pay the $30,504 difference.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
The petitioner submitted a 2012 W-2 showing the beneficiary was paid $89,496, which is less than the proffered wage of $120,000, so the petitioner must demonstrate ability to pay the $30,504 difference.
beneficiary possesses experience required by labor certification
AAO 为什么未被说服
Discrepancies between the two employer letters and the ETA Form 9089 regarding dates and titles, and the absence of full-time/part-time designation, were not resolved.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
查看完整裁决理由 +
Discrepancies between the two employer letters and the ETA Form 9089 regarding dates and titles, and the absence of full-time/part-time designation, were not resolved.
AAO concluded that the benefits of a high school teacher's work are limited to her local students and school and do not extend nationally; aggregate national effects from many teachers do not give national scope to one teacher's work.
为什么值得参考
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。
查看完整裁决理由 +
AAO concluded that the benefits of a high school teacher's work are limited to her local students and school and do not extend nationally; aggregate national effects from many teachers do not give national scope to one teacher's work.