beneficiary possesses at least a bachelor's degree in the major field listed on the ETA Form 9089
AAO 为什么未被说服
AAO concluded the credentials evaluation finds equivalency only to a U.S. bachelor's in pharmaceutical studies, not in computer science as required by the labor certification, and the petitioner answered 'no' to acceptance of an alternate field of study.
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AAO concluded the credentials evaluation finds equivalency only to a U.S. bachelor's in pharmaceutical studies, not in computer science as required by the labor certification, and the petitioner answered 'no' to acceptance of an alternate field of study.
AAO independently reviewed wages paid, net income, and net current assets and found each insufficient for 2009, 2010, and 2012. It rejected reliance on a foreign Indian entity's financials, noting the petitioner's own tax returns disclaimed any foreign ownership and that as a C corporation it is a separate legal entity from shareholders.
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AAO independently reviewed wages paid, net income, and net current assets and found each insufficient for 2009, 2010, and 2012. It rejected reliance on a foreign Indian entity's financials, noting the petitioner's own tax returns disclaimed any foreign ownership and that as a C corporation it is a separate legal entity from shareholders.
bona fide job opportunity clearly open to U.S. workers
AAO 为什么未被说服
AAO raised this issue sua sponte beyond the director's decision based on the beneficiary's status as registered agent and the disclosed familial/ownership relationship; petitioner failed to establish the job is bona fide and clearly open to U.S. workers.
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AAO raised this issue sua sponte beyond the director's decision based on the beneficiary's status as registered agent and the disclosed familial/ownership relationship; petitioner failed to establish the job is bona fide and clearly open to U.S. workers.
final merits determination — degree of expertise significantly above that ordinarily encountered
证据为何得到认可
AAO finds the witness testimony and supporting evidence sufficient to demonstrate the beneficiary's expertise is significantly above that ordinarily encountered.
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AAO finds the witness testimony and supporting evidence sufficient to demonstrate the beneficiary's expertise is significantly above that ordinarily encountered.
professional athlete definition under section 212(a)(5)(A)(iii)(II)
证据为何得到认可
AAO finds the MLS official's letter sufficient to establish that MLS meets the statutory criteria for an association of professional sports teams, qualifying the beneficiary as a professional athlete.
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AAO finds the MLS official's letter sufficient to establish that MLS meets the statutory criteria for an association of professional sports teams, qualifying the beneficiary as a professional athlete.
AAO found that the beneficiary's promotion to president with additional managerial/executive duties and a 45% salary increase constituted a material and substantial change in duties, meaning the petitioner was not offering the certified job of senior crop scientist. The chairman's contradictory statements further undermined the claim that the beneficiary's duties were unchanged.
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AAO found that the beneficiary's promotion to president with additional managerial/executive duties and a 45% salary increase constituted a material and substantial change in duties, meaning the petitioner was not offering the certified job of senior crop scientist. The chairman's contradictory statements further undermined the claim that the beneficiary's duties were unchanged.
Bona fide job opportunity clearly open to U.S. workers
AAO 为什么未被说服
AAO found that the record contained contradictory ownership information (a dissolved Hong Kong entity still listed as shareholder, discrepancies in officer names on tax returns), the beneficiary was the petitioner's incorporator and agent for service of process, and the petitioner failed to resolve these inconsistencies with credible objective evidence, precluding a finding of a bona fide job offer.
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AAO found that the record contained contradictory ownership information (a dissolved Hong Kong entity still listed as shareholder, discrepancies in officer names on tax returns), the beneficiary was the petitioner's incorporator and agent for service of process, and the petitioner failed to resolve these inconsistencies with credible objective evidence, precluding a finding of a bona fide job offer.
AAO relied on the AACRAO EDGE database equating Indian MBAs to U.S. bachelor's degrees and found EDGE more persuasive than petitioner's individual evaluators, particularly given that one of petitioner's own evaluators concluded the beneficiary had only the equivalent of a U.S. bachelor's degree.
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AAO relied on the AACRAO EDGE database equating Indian MBAs to U.S. bachelor's degrees and found EDGE more persuasive than petitioner's individual evaluators, particularly given that one of petitioner's own evaluators concluded the beneficiary had only the equivalent of a U.S. bachelor's degree.
AAO found one of the employer letters failed to describe the beneficiary's experience in accordance with 8 C.F.R. § 204.5(g)(1), leaving only two acceptable letters establishing about 13 months of experience — well short of the 48 months required.
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AAO found one of the employer letters failed to describe the beneficiary's experience in accordance with 8 C.F.R. § 204.5(g)(1), leaving only two acceptable letters establishing about 13 months of experience — well short of the 48 months required.
Record lacks evidence of priority dates, proffered wages, wages paid, and status of other petitions, so simultaneous ability to pay is not established.
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Record lacks evidence of priority dates, proffered wages, wages paid, and status of other petitions, so simultaneous ability to pay is not established.