AAO relies on EDGE to find the beneficiary's combined Indian degrees comparable only to a U.S. bachelor's degree, and the labor certification did not allow a bachelor's-plus-experience alternative.
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AAO relies on EDGE to find the beneficiary's combined Indian degrees comparable only to a U.S. bachelor's degree, and the labor certification did not allow a bachelor's-plus-experience alternative.
labor certification job requirements meet advanced-degree standard
AAO 为什么未被说服
AAO held that USCIS must read the labor certification by its plain language; because the certification expressly allows education short of a single bachelor's degree and combinations of lesser degrees, the position does not satisfy the advanced-degree professional requirements.
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AAO held that USCIS must read the labor certification by its plain language; because the certification expressly allows education short of a single bachelor's degree and combinations of lesser degrees, the position does not satisfy the advanced-degree professional requirements.
beneficiary qualifications — foreign equivalent of U.S. baccalaureate degree
AAO 为什么未被说服
EDGE indicates that a three-year Indian B.S. degree is comparable to only two to three years of U.S. university study. The post-graduate diploma could qualify if from an AICTE-approved institution following a three-year bachelor's degree, but no evidence established AICTE approval or the appropriate entrance requirement.…
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EDGE indicates that a three-year Indian B.S. degree is comparable to only two to three years of U.S. university study. The post-graduate diploma could qualify if from an AICTE-approved institution following a three-year bachelor's degree, but no evidence established AICTE approval or the appropriate entrance requirement. The submitted credential evaluations improperly combined education and experience rather than evaluating the degree alone, and were not peer-reviewed.
None of the submitted evaluations establish that the beneficiary holds a master's degree in computer science, information science, or a related field as required by the labor certification. The evaluations only establish equivalency to a U.S. MBA, and no evaluation explains how business administration qualifies as a related field to computer science or information science.
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None of the submitted evaluations establish that the beneficiary holds a master's degree in computer science, information science, or a related field as required by the labor certification. The evaluations only establish equivalency to a U.S. MBA, and no evaluation explains how business administration qualifies as a related field to computer science or information science.
The submitted employment letters do not satisfy 8 C.F.R. § 204.5(g)(1) because they lack sufficient description of job duties and do not reflect 10 years of experience as a senior programmer analyst. An unresolved inconsistency between the ETA Form 9089 and an employment letter regarding the beneficiary's end date further undermines the evidentiary record.
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The submitted employment letters do not satisfy 8 C.F.R. § 204.5(g)(1) because they lack sufficient description of job duties and do not reflect 10 years of experience as a senior programmer analyst. An unresolved inconsistency between the ETA Form 9089 and an employment letter regarding the beneficiary's end date further undermines the evidentiary record.
Beneficiary meets minimum education 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 indicates the beneficiary's three-year Indian B.S. plus M.S. degrees are comparable only to a U.S. bachelor's degree. The private evaluations submitted were not persuasive because they did not compare the beneficiary's coursework to a U.S. master's program, were not peer-reviewed, and did not address actual courses of study.
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The labor certification required a master's degree with no alternative combination permitted. EDGE indicates the beneficiary's three-year Indian B.S. plus M.S. degrees are comparable only to a U.S. bachelor's degree. The private evaluations submitted were not persuasive because they did not compare the beneficiary's coursework to a U.S. master's program, were not peer-reviewed, and did not address actual courses of study.
Beneficiary possessed minimum education stated on labor certification
AAO 为什么未被说服
AAO preferred EDGE over the petitioner's evaluation, noting EDGE rates a three-year Indian bachelor's as comparable only to two-to-three years of U.S. study and that the PGD evidence did not establish AICTE post-bachelor approval or the requisite entrance requirement when the beneficiary was admitted; even if the credentials equaled a U.S.…
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AAO preferred EDGE over the petitioner's evaluation, noting EDGE rates a three-year Indian bachelor's as comparable only to two-to-three years of U.S. study and that the PGD evidence did not establish AICTE post-bachelor approval or the requisite entrance requirement when the beneficiary was admitted; even if the credentials equaled a U.S. bachelor's, the ETA Form 9089 required a master's and did not permit a bachelor's-plus-five alternative.
bachelor's degree or foreign educational equivalent in textile chemistry
AAO 为什么未被说服
AAO concluded the labor certification's plain language requires a bachelor's degree or foreign equivalent, and the beneficiary's professional-organization credential does not satisfy that requirement.
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AAO concluded the labor certification's plain language requires a bachelor's degree or foreign equivalent, and the beneficiary's professional-organization credential does not satisfy that requirement.
exceptional ability - degree of expertise significantly above that ordinarily encountered
AAO 为什么未被说服
The submitted evidence does not show membership in a professional association or recognition for achievements/contributions, and the credentials shown are standard rather than significantly above the ordinary.
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The submitted evidence does not show membership in a professional association or recognition for achievements/contributions, and the credentials shown are standard rather than significantly above the ordinary.
display of work at artistic exhibitions or showcases
AAO 为什么未被说服
Documentation of exhibitions was submitted but the pervasive inconsistencies and falsifications in the record undermined the reliability of all evidence, and without reliable objective evidence the criterion was not met.
为什么值得参考
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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Documentation of exhibitions was submitted but the pervasive inconsistencies and falsifications in the record undermined the reliability of all evidence, and without reliable objective evidence the criterion was not met.