Beneficiary meets minimum education requirement on labor certification
AAO 为什么未被说服
The labor certification required a master's degree with no alternative combination permitted. EDGE/AACRAO information indicates the beneficiary's Bachelor of Commerce equates to only two to three years of U.S. university study and the Master of Arts equates to a U.S. bachelor's degree. The submitted evaluations were unpersuasive because they lacked peer review and substantiated rationale for credit assignments.…
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The labor certification required a master's degree with no alternative combination permitted. EDGE/AACRAO information indicates the beneficiary's Bachelor of Commerce equates to only two to three years of U.S. university study and the Master of Arts equates to a U.S. bachelor's degree. The submitted evaluations were unpersuasive because they lacked peer review and substantiated rationale for credit assignments. Thus, the beneficiary's credentials do not satisfy the master's degree requirement on the labor certification.
Beneficiary meets minimum education/training/experience on labor certification as of priority date
证据为何得到认可
AAO concluded on de novo review that the petitioner established the beneficiary more likely than not had the required education, training, and experience as of the priority date.
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AAO concluded on de novo review that the petitioner established the beneficiary more likely than not had the required education, training, and experience as of the priority date.
advanced degree or foreign equivalent under 8 C.F.R. § 204.5(k)(2)
AAO 为什么未被说服
AAO agreed that the three-year Indian bachelor's degree, alone or combined with ICAI membership, is not a foreign equivalent of a U.S. baccalaureate, and even if treated as such, falls short of the master's degree required by the labor certification.
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AAO agreed that the three-year Indian bachelor's degree, alone or combined with ICAI membership, is not a foreign equivalent of a U.S. baccalaureate, and even if treated as such, falls short of the master's degree required by the labor certification.
AAO found the evaluations unpersuasive — they failed to assign credits, explain methodology, or compare coursework — and noted internal inconsistency, with the most recent evaluation concluding only a bachelor's-degree equivalency, contrary to the master's degree required by Part H of the ETA Form 9089.
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AAO found the evaluations unpersuasive — they failed to assign credits, explain methodology, or compare coursework — and noted internal inconsistency, with the most recent evaluation concluding only a bachelor's-degree equivalency, contrary to the master's degree required by Part H of the ETA Form 9089.
Beneficiary meets minimum education requirement of labor certification (master's degree or foreign equivalent)
AAO 为什么未被说服
AACRAO EDGE indicates the Pakistani two-year Bachelor of Science is comparable to two years of U.S. university study and the Master of Science is comparable to a U.S. bachelor's degree. The labor certification unambiguously required a master's degree and did not permit alternate combinations of education and experience. Because the beneficiary's highest credential equates only to a U.S.…
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AACRAO EDGE indicates the Pakistani two-year Bachelor of Science is comparable to two years of U.S. university study and the Master of Science is comparable to a U.S. bachelor's degree. The labor certification unambiguously required a master's degree and did not permit alternate combinations of education and experience. Because the beneficiary's highest credential equates only to a U.S. bachelor's degree, she does not meet the labor certification's minimum education requirement.
U.S. baccalaureate or foreign equivalent degree (plus five years progressive experience)
AAO 为什么未被说服
AAO agreed that a three-year Indian bachelor's degree is not a foreign equivalent degree, that experience cannot be combined with education to create a foreign equivalent degree for immigrant petitions, and that the petitioner failed to resolve inconsistencies among its own evaluations.
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AAO agreed that a three-year Indian bachelor's degree is not a foreign equivalent degree, that experience cannot be combined with education to create a foreign equivalent degree for immigrant petitions, and that the petitioner failed to resolve inconsistencies among its own evaluations.
Foreign equivalent of U.S. advanced (master's) degree
AAO 为什么未被说服
AAO found the credentials evaluations unpersuasive and internally inconsistent, and credited EDGE's determination that an Indian three-year B.S. is comparable to two to three years of U.S. study and that the Indian M.S. is comparable to a U.S. bachelor's degree.
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AAO found the credentials evaluations unpersuasive and internally inconsistent, and credited EDGE's determination that an Indian three-year B.S. is comparable to two to three years of U.S. study and that the Indian M.S. is comparable to a U.S. bachelor's degree.
Beneficiary meets minimum education requirement of labor certification
AAO 为什么未被说服
AAO relied on AACRAO EDGE, which considers the beneficiary's Indian credentials equivalent only to a U.S. bachelor's degree, not a master's degree. The petitioner's professional evaluations were rejected. The record did not establish that the labor certification's educational requirements could be met by the foreign equivalent of two U.S. bachelor's degrees in two different fields.
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AAO relied on AACRAO EDGE, which considers the beneficiary's Indian credentials equivalent only to a U.S. bachelor's degree, not a master's degree. The petitioner's professional evaluations were rejected. The record did not establish that the labor certification's educational requirements could be met by the foreign equivalent of two U.S. bachelor's degrees in two different fields.
The AAO found that the beneficiary was both the sole owner and CEO of the petitioning company, that this relationship was concealed on the labor certification, and that the false certification that the job was open to qualified U.S. workers constituted a willful misrepresentation of a material fact shutting off a relevant DOL inquiry.
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The AAO found that the beneficiary was both the sole owner and CEO of the petitioning company, that this relationship was concealed on the labor certification, and that the false certification that the job was open to qualified U.S. workers constituted a willful misrepresentation of a material fact shutting off a relevant DOL inquiry.
The AAO agreed that because the beneficiary was the sole owner and had served as CEO, the position was the functional equivalent of self-employment, and concealing this from DOL invalidated the bona fide nature of the job offer.
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The AAO agreed that because the beneficiary was the sole owner and had served as CEO, the position was the functional equivalent of self-employment, and concealing this from DOL invalidated the bona fide nature of the job offer.