AAO agrees the petitioner failed to establish a bona fide job offer; the petitioner did not respond to AAO's NOID/NDI and the record (including a guilty plea) shows the Iowa office was a virtual office unable to support a software engineer position.
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AAO agrees the petitioner failed to establish a bona fide job offer; the petitioner did not respond to AAO's NOID/NDI and the record (including a guilty plea) shows the Iowa office was a virtual office unable to support a software engineer position.
The AAO found that the petitioner's citation counts were moderate and not reflective of major significance; post-filing citation evidence could not be considered; recommendation letters made general assertions without specific examples of impact; and conference presentations and download statistics did not establish that the work had been widely applied or highly influential in the field.
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区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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The AAO found that the petitioner's citation counts were moderate and not reflective of major significance; post-filing citation evidence could not be considered; recommendation letters made general assertions without specific examples of impact; and conference presentations and download statistics did not establish that the work had been widely applied or highly influential in the field.
Continuing ability to pay the proffered wage from the priority date
AAO 为什么未被说服
AAO confirmed the petitioner's inability to pay in 2008 and 2009 through wages paid, net income (negative both years), and net current assets (both years insufficient to cover the deficiency). The amended tax returns were rejected for lack of IRS certification and because the Schedule L changes appeared to be impermissible material post-hoc alterations.…
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AAO confirmed the petitioner's inability to pay in 2008 and 2009 through wages paid, net income (negative both years), and net current assets (both years insufficient to cover the deficiency). The amended tax returns were rejected for lack of IRS certification and because the Schedule L changes appeared to be impermissible material post-hoc alterations. The Sonegawa totality-of-circumstances analysis did not rescue the petitioner because no uncharacteristic business losses were demonstrated.
Petitioner did not respond to the AAO's NOID requesting evidence of the accreditation of the institution that issued the beneficiary's master's degree, warranting summary dismissal as abandoned.
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Petitioner did not respond to the AAO's NOID requesting evidence of the accreditation of the institution that issued the beneficiary's master's degree, warranting summary dismissal as abandoned.
Beneficiary possesses foreign equivalent of U.S. bachelor's degree in computer science
AAO 为什么未被说服
EDGE, a reliable peer-reviewed source, establishes that the beneficiary's three-year Bachelor of Commerce equals three years of U.S. university study; the Master of Commerce equals a U.S. bachelor's in business, not computer science; and the master's diploma in software engineering was not shown to be from an AICTE/DOEACC-accredited institution that qualifies as a college or university.…
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EDGE, a reliable peer-reviewed source, establishes that the beneficiary's three-year Bachelor of Commerce equals three years of U.S. university study; the Master of Commerce equals a U.S. bachelor's in business, not computer science; and the master's diploma in software engineering was not shown to be from an AICTE/DOEACC-accredited institution that qualifies as a college or university. Submitted evaluations were inconsistent and not supported by objective documentary evidence.
Commerce/business administration is a related field to computer science under the labor certification
AAO 为什么未被说服
The AAO was not persuaded that business administration is a field of study related to computer science. The beneficiary's commerce transcripts contained no computer science coursework, and the petitioner failed to demonstrate the relationship between computer science and business coursework at the university level.
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The AAO was not persuaded that business administration is a field of study related to computer science. The beneficiary's commerce transcripts contained no computer science coursework, and the petitioner failed to demonstrate the relationship between computer science and business coursework at the university level.
continuing ability to pay proffered wage from priority date onward
AAO 为什么未被说服
AAO found that in 2008 and 2009 net income was insufficient, and in 2009 net current assets were also insufficient. The petitioner also failed to account for multiple simultaneously pending I-140 petitions for other beneficiaries. Bank statements were not permissible evidence under the regulation, and the subcontractor-replacement theory was unsupported. The totality of circumstances did not establish ability to pay.
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AAO found that in 2008 and 2009 net income was insufficient, and in 2009 net current assets were also insufficient. The petitioner also failed to account for multiple simultaneously pending I-140 petitions for other beneficiaries. Bank statements were not permissible evidence under the regulation, and the subcontractor-replacement theory was unsupported. The totality of circumstances did not establish ability to pay.
beneficiary meets minimum education requirement on labor certification
AAO 为什么未被说服
AAO found the translations of the Polish documents contained inconsistencies that undermined their reliability, and that AACRAO's EDGE database — given significant weight — indicated the 'dyplom tytul magister' is equivalent only to a U.S. bachelor's degree, not a master's degree.…
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AAO found the translations of the Polish documents contained inconsistencies that undermined their reliability, and that AACRAO's EDGE database — given significant weight — indicated the 'dyplom tytul magister' is equivalent only to a U.S. bachelor's degree, not a master's degree. The petitioner's credential evaluations were discounted because the evaluator may have relied on the inaccurate abridged translations, and EDGE's conclusions were supported by federal court precedent. Without a master's degree or a bachelor's plus five years of progressive experience (which the labor cert did not allow as an alternative), the beneficiary failed to qualify.
national interest substantially greater than available U.S. worker
AAO 为什么未被说服
AAO found that the petitioner's approved labor certification demonstrated that the labor certification process could and did address the demand for credentialed special education teachers. The key NYSDOT requirement is a record of influence on the field as a whole, and the petitioner's evidence did not establish this. The NCLBA did not create or imply any blanket waiver for teachers.
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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 that the petitioner's approved labor certification demonstrated that the labor certification process could and did address the demand for credentialed special education teachers. The key NYSDOT requirement is a record of influence on the field as a whole, and the petitioner's evidence did not establish this. The NCLBA did not create or imply any blanket waiver for teachers.