successor-in-interest to labor certification employer
AAO 为什么未被说服
The petitioner failed to document the claimed transaction with the labor certification employer through any documentary evidence, despite multiple opportunities. The AAO also agreed with the director that an outsourcing arrangement — where the predecessor paid the petitioner for IT services and some employees were transferred — does not constitute the acquisition of essential rights and obligations necessary to carry on the…
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The petitioner failed to document the claimed transaction with the labor certification employer through any documentary evidence, despite multiple opportunities. The AAO also agreed with the director that an outsourcing arrangement — where the predecessor paid the petitioner for IT services and some employees were transferred — does not constitute the acquisition of essential rights and obligations necessary to carry on the predecessor's business.
Beneficiary meets minimum education requirement on labor certification
AAO 为什么未被说服
The labor certification specified a Master's degree in an IT-related field or alternately in computer science, engineering, MBA, or a related field. The beneficiary's Master of Science was in biology, which does not fall within those required fields. The petitioner offered no documentary evidence on appeal to counter this finding.
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The labor certification specified a Master's degree in an IT-related field or alternately in computer science, engineering, MBA, or a related field. The beneficiary's Master of Science was in biology, which does not fall within those required fields. The petitioner offered no documentary evidence on appeal to counter this finding.
The labor certification unambiguously requires a master's degree or bachelor's degree plus 60 months of experience; the beneficiary's associate membership is not a degree from a college or university and does not constitute a foreign equivalent degree above the baccalaureate level. The petitioner's claimed intent is irrelevant because the labor certification is not ambiguous.
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The labor certification unambiguously requires a master's degree or bachelor's degree plus 60 months of experience; the beneficiary's associate membership is not a degree from a college or university and does not constitute a foreign equivalent degree above the baccalaureate level. The petitioner's claimed intent is irrelevant because the labor certification is not ambiguous.
continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
The petitioner's AGI was negative in nearly every year from 2001 to 2011. The W-2 wages actually paid in 2001–2007 were inconsistent with the lower wage amounts shown on tax returns, undermining credibility. The Yates Memorandum does not override the regulation's plain requirement of continuing ability to pay.…
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The petitioner's AGI was negative in nearly every year from 2001 to 2011. The W-2 wages actually paid in 2001–2007 were inconsistent with the lower wage amounts shown on tax returns, undermining credibility. The Yates Memorandum does not override the regulation's plain requirement of continuing ability to pay. Bank account statements, unaudited financial statements, real estate, and incomplete CD records did not cure the deficiencies. The totality of circumstances under Matter of Sonegawa also did not establish ability to pay.
The petitioner submitted various awards but they were undermined by falsified supporting documents, uncertified translations, contradictory evidence, and failure to demonstrate national or international recognition of the awards beyond the presenting organizations.
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The petitioner submitted various awards but they were undermined by falsified supporting documents, uncertified translations, contradictory evidence, and failure to demonstrate national or international recognition of the awards beyond the presenting organizations.
Counsel's assertion that the petitioner founded and directed a major art organization was unsupported by documentary evidence. The employment letter from another organization failed to establish that the organization existed at the relevant time or that the petitioner performed in a leading or critical role.
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Counsel's assertion that the petitioner founded and directed a major art organization was unsupported by documentary evidence. The employment letter from another organization failed to establish that the organization existed at the relevant time or that the petitioner performed in a leading or critical role.
Counsel's unsupported assertion of membership in an association was not backed by documentary evidence, and there was no showing that the organizations require outstanding achievements of members as judged by recognized national or international experts.
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Counsel's unsupported assertion of membership in an association was not backed by documentary evidence, and there was no showing that the organizations require outstanding achievements of members as judged by recognized national or international experts.
AAO found the evaluations unpersuasive because they did not assign credits, explain methodology, or compare coursework to U.S. programs, and the issuing organization is not an academic institution that can confer a degree. EDGE does not treat the associate membership as a college/university degree.
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AAO found the evaluations unpersuasive because they did not assign credits, explain methodology, or compare coursework to U.S. programs, and the issuing organization is not an academic institution that can confer a degree. EDGE does not treat the associate membership as a college/university degree.
advanced degree professional - job requirements per ETA Form 9089
AAO 为什么未被说服
The job offer portion of the ETA Form 9089 requires only a bachelor's degree and 3 months of experience, which is below the advanced-degree minimum. USCIS cannot re-adjudicate the petition under a different classification or accept material changes to make a deficient petition conform to requirements.
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The job offer portion of the ETA Form 9089 requires only a bachelor's degree and 3 months of experience, which is below the advanced-degree minimum. USCIS cannot re-adjudicate the petition under a different classification or accept material changes to make a deficient petition conform to requirements.
ETA Form 9089 requires advanced degree professional
AAO 为什么未被说服
AAO raised this issue independently of the director. The ETA Form 9089 listed 'other' education and 60 months of experience as alternative requirements, which fall below the minimum for an advanced degree professional (bachelor's plus five years progressive experience).…
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AAO raised this issue independently of the director. The ETA Form 9089 listed 'other' education and 60 months of experience as alternative requirements, which fall below the minimum for an advanced degree professional (bachelor's plus five years progressive experience). The Kellogg language inserted in Question 8-B does not change the analysis because AAO does not treat it as authorizing acceptance of qualifications below the stated primary and alternative requirements.