AAO's database check did not equate the beneficiary's credentials to a U.S. master's degree, and the petitioner failed to respond to the NOID with additional credential evidence.
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AAO's database check did not equate the beneficiary's credentials to a U.S. master's degree, and the petitioner failed to respond to the NOID with additional credential evidence.
AAO found the 2008 audited financial statement showed negative net income and negative net current assets, both falling far short of the $95,035.20 proffered wage. AAO rejected each of counsel's alternative arguments: the line of credit was correctly classified as a current liability because it was secured by current assets; an unused line of credit is a commitment to loan rather than available cash; wages paid to another w…
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AAO found the 2008 audited financial statement showed negative net income and negative net current assets, both falling far short of the $95,035.20 proffered wage. AAO rejected each of counsel's alternative arguments: the line of credit was correctly classified as a current liability because it was secured by current assets; an unused line of credit is a commitment to loan rather than available cash; wages paid to another worker cannot be reallocated to prove ability to pay the beneficiary; prorating was inapplicable without monthly income statements or pay stubs tied to the beneficiary's employment; bank statements are not among the approved evidentiary types and do not show sustainable ability to pay; and future projections and historical gross receipts are insufficient substitutes for demonstrated net income.
offered job comports with labor certification (full-time)
AAO 为什么未被说服
The AAO found that the weekly wage stated on Form I-140 ($1,385.67) at the certified hourly rate of $41.99 equals only 33 hours per week, which is less than the 35-hour minimum required for the full-time position certified on the ETA Form 9089. The matter was remanded because the director had not previously considered this issue.
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The AAO found that the weekly wage stated on Form I-140 ($1,385.67) at the certified hourly rate of $41.99 equals only 33 hours per week, which is less than the 35-hour minimum required for the full-time position certified on the ETA Form 9089. The matter was remanded because the director had not previously considered this issue.
The AAO found, upon de novo review of the entire record including appeal submissions and RFE responses, that the petitioner had established its continuing ability to pay the proffered wage from the priority date.
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The AAO found, upon de novo review of the entire record including appeal submissions and RFE responses, that the petitioner had established its continuing ability to pay the proffered wage from the priority date.
beneficiary meets educational requirements stated on ETA Form 9089
AAO 为什么未被说服
AAO agreed that the beneficiary's MBA is not a qualifying U.S. master's degree and she has no foreign equivalent, so the labor certification's educational requirement is not met.
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AAO agreed that the beneficiary's MBA is not a qualifying U.S. master's degree and she has no foreign equivalent, so the labor certification's educational requirement is not met.
AAO reviewed the full record including new evidence on appeal and concluded the petitioner met the preponderance-of-the-evidence standard for demonstrating the continuing ability to pay the proffered wage of $65,200 per year from the priority date.
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AAO reviewed the full record including new evidence on appeal and concluded the petitioner met the preponderance-of-the-evidence standard for demonstrating the continuing ability to pay the proffered wage of $65,200 per year from the priority date.
Beneficiary meets minimum educational requirements of offered position
证据为何得到认可
The AAO found that the beneficiary's degree is a Master of Science (MS) — an information technology degree requiring a four-year bachelor's for entry, which EDGE identifies as comparable to a U.S. master's degree — distinguishable from the standard Indian M.S. that requires only a three-year bachelor's. The director incorrectly conflated the two degree types.
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The AAO found that the beneficiary's degree is a Master of Science (MS) — an information technology degree requiring a four-year bachelor's for entry, which EDGE identifies as comparable to a U.S. master's degree — distinguishable from the standard Indian M.S. that requires only a three-year bachelor's. The director incorrectly conflated the two degree types.
The petitioner's 2011 net income of $566,773, as shown on Form 1120 Line 28, was more than sufficient to cover the gap between the $70,500 proffered wage and the $41,016 already paid to the beneficiary, satisfying the ability-to-pay requirement from the priority date of August 31, 2011.
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The petitioner's 2011 net income of $566,773, as shown on Form 1120 Line 28, was more than sufficient to cover the gap between the $70,500 proffered wage and the $41,016 already paid to the beneficiary, satisfying the ability-to-pay requirement from the priority date of August 31, 2011.
beneficiary meets all labor certification requirements as of priority date
证据为何得到认可
Considering the new evidence submitted on motion, AAO found the beneficiary more likely than not possessed the Doctor of Chiropractic Degree, Pennsylvania Chiropractic License, board certification, and physiotherapeutic certificate required by Part H, Item 14 of the labor certification by the priority date.
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Considering the new evidence submitted on motion, AAO found the beneficiary more likely than not possessed the Doctor of Chiropractic Degree, Pennsylvania Chiropractic License, board certification, and physiotherapeutic certificate required by Part H, Item 14 of the labor certification by the priority date.
Beneficiary qualifications — five years post-baccalaureate progressive experience
证据为何得到认可
AAO found that the additional evidence submitted on appeal established by a preponderance of the evidence that the beneficiary had sufficient post-baccalaureate progressive experience to satisfy the labor certification and the advanced degree equivalency requirement.
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AAO found that the additional evidence submitted on appeal established by a preponderance of the evidence that the beneficiary had sufficient post-baccalaureate progressive experience to satisfy the labor certification and the advanced degree equivalency requirement.