Beneficiary possesses required degree in the major field listed on labor certification
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The ETA Form 9089 required a master's or bachelor's degree in education. The beneficiary held only a bachelor's in Chemical Engineering. The petitioner explicitly indicated no alternate field of study was acceptable, and USCIS must apply the plain language of the labor certification without adding or altering requirements.
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The ETA Form 9089 required a master's or bachelor's degree in education. The beneficiary held only a bachelor's in Chemical Engineering. The petitioner explicitly indicated no alternate field of study was acceptable, and USCIS must apply the plain language of the labor certification without adding or altering requirements.
The petitioner had no wages paid to the beneficiary, negative net income, and negative net current assets in 2011. The unaudited financial statement was inadmissible and Sonegawa factors did not help the petitioner given its brief history and minimal operations.
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The petitioner had no wages paid to the beneficiary, negative net income, and negative net current assets in 2011. The unaudited financial statement was inadmissible and Sonegawa factors did not help the petitioner given its brief history and minimal operations.
minimum education requirements per labor certification
AAO 为什么未被说服
The beneficiary holds a bachelor's degree in political science, not marketing. The labor certification required a degree in marketing or a related field, explicitly prohibited alternate fields of study, and did not permit experience to substitute for the required field. The credential evaluation relied on an H-1B provision inapplicable to immigrant visa petitions.
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The beneficiary holds a bachelor's degree in political science, not marketing. The labor certification required a degree in marketing or a related field, explicitly prohibited alternate fields of study, and did not permit experience to substitute for the required field. The credential evaluation relied on an H-1B provision inapplicable to immigrant visa petitions.
The petitioner failed to specifically address how his proposed work as an attorney would be national in scope. AAO noted that NYSDOT explicitly states the pro bono services of a single lawyer are too attenuated at the national level, and the published material submitted about affordable legal services did not relate to the petitioner personally.
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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 failed to specifically address how his proposed work as an attorney would be national in scope. AAO noted that NYSDOT explicitly states the pro bono services of a single lawyer are too attenuated at the national level, and the published material submitted about affordable legal services did not relate to the petitioner personally.
national interest substantially greater than U.S. worker
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The petitioner failed to address how he would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications, and submitted none of the types of evidence the USCIS entrepreneur guidance identifies as relevant.
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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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The petitioner failed to address how he would serve the national interest to a substantially greater degree than an available U.S. worker with the same minimum qualifications, and submitted none of the types of evidence the USCIS entrepreneur guidance identifies as relevant.
Beneficiary meets educational requirement of labor certification
AAO 为什么未被说服
The record contained only a copy of the degree certificate but no official transcripts or university records confirming award of the degree as required by 8 C.F.R. § 204.5(l)(3)(ii).
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The record contained only a copy of the degree certificate but no official transcripts or university records confirming award of the degree as required by 8 C.F.R. § 204.5(l)(3)(ii).
Beneficiary meets experience requirement of labor certification
AAO 为什么未被说服
The employment letters in the record did not comply with 8 C.F.R. § 204.5(l)(3)(ii)(A) because they lacked job titles, specific employment dates, and full-time status descriptions. Only one letter—covering approximately two years and five months—was accepted as qualifying evidence, which was insufficient to establish five years of progressive post-baccalaureate experience.
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The employment letters in the record did not comply with 8 C.F.R. § 204.5(l)(3)(ii)(A) because they lacked job titles, specific employment dates, and full-time status descriptions. Only one letter—covering approximately two years and five months—was accepted as qualifying evidence, which was insufficient to establish five years of progressive post-baccalaureate experience.
AAO confirmed that when accounting for all sponsored beneficiaries, the combined proffered wages exceeded the petitioner's net income and net current assets in each relevant year from 2003–2006. Bank statements, the owner's personal assets and real estate, and lines of credit were rejected. The petitioner also failed to substantiate the claim that the beneficiary was replacing an outside-service worker with the same duties.
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AAO confirmed that when accounting for all sponsored beneficiaries, the combined proffered wages exceeded the petitioner's net income and net current assets in each relevant year from 2003–2006. Bank statements, the owner's personal assets and real estate, and lines of credit were rejected. The petitioner also failed to substantiate the claim that the beneficiary was replacing an outside-service worker with the same duties.
AAO agreed petitioner could not pay through wages or net income, rejected reliance on third-party program funds, related-entity income, and the sole member's personal AGI, and found no Sonegawa-type circumstances.
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AAO agreed petitioner could not pay through wages or net income, rejected reliance on third-party program funds, related-entity income, and the sole member's personal AGI, and found no Sonegawa-type circumstances.