equivalence of prevailing wage determination and ETA Form 9089 minimum requirements
证据为何得到认可
AAO concluded that a bachelor's degree plus five years of progressive experience is, by regulation, the equivalent of a master's degree, so the two sets of stated requirements match.
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AAO concluded that a bachelor's degree plus five years of progressive experience is, by regulation, the equivalent of a master's degree, so the two sets of stated requirements match.
AAO agreed with counsel that the director should have considered the totality of circumstances under Sonegawa. However, upon conducting that analysis, AAO found the petitioner still failed to establish ability to pay: only one tax return was in the record preventing historical comparisons, conflicting employee and wage information undermined the evidence's reliability, and the petitioner did not identify uncharacteristic lo…
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AAO agreed with counsel that the director should have considered the totality of circumstances under Sonegawa. However, upon conducting that analysis, AAO found the petitioner still failed to establish ability to pay: only one tax return was in the record preventing historical comparisons, conflicting employee and wage information undermined the evidence's reliability, and the petitioner did not identify uncharacteristic losses or establish an outstanding industry reputation.
Shareholder personal income (S corporation argument)
AAO 为什么未被说服
USCIS generally cannot consider the assets of shareholders because a corporation is a separate and distinct legal entity from its owners. S corporation shareholders, absent express personal guarantees, are not responsible for the corporation's debts and liabilities. The director's disregard of shareholder income was not arbitrary and capricious.
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USCIS generally cannot consider the assets of shareholders because a corporation is a separate and distinct legal entity from its owners. S corporation shareholders, absent express personal guarantees, are not responsible for the corporation's debts and liabilities. The director's disregard of shareholder income was not arbitrary and capricious.
AAO agreed the beneficiary was paid only $22,620 in 2011 against a proffered wage of $195,499, leaving a $172,879 shortfall. AAO acknowledged the wages reflected only the H-1B period through March 2011, but noted the petitioner still had to demonstrate ability to pay the difference via other means.
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AAO agreed the beneficiary was paid only $22,620 in 2011 against a proffered wage of $195,499, leaving a $172,879 shortfall. AAO acknowledged the wages reflected only the H-1B period through March 2011, but noted the petitioner still had to demonstrate ability to pay the difference via other means.
The petitioner's 2011 net income was $(43,778), a negative figure that could not satisfy the $172,879 difference between wages paid and the proffered wage.
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The petitioner's 2011 net income was $(43,778), a negative figure that could not satisfy the $172,879 difference between wages paid and the proffered wage.
sixty months of experience from date of foreign equivalent degree to priority date
AAO 为什么未被说服
The beneficiary's foreign equivalent degree was conferred on April 11, 2004, and the priority date was March 27, 2009, yielding only fifty-nine months and sixteen days of qualifying experience—just short of the sixty-month requirement on ETA Form 9089. USCIS must read the labor certification's plain language exactly as completed and cannot overlook this shortfall.
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The beneficiary's foreign equivalent degree was conferred on April 11, 2004, and the priority date was March 27, 2009, yielding only fifty-nine months and sixteen days of qualifying experience—just short of the sixty-month requirement on ETA Form 9089. USCIS must read the labor certification's plain language exactly as completed and cannot overlook this shortfall.
lesser nationally or internationally recognized prizes or awards
AAO 为什么未被说服
AAO concurred with the director, rejecting counsel's argument that 'major' should not factor in, and found no national or international recognition for the claimed prizes.
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AAO concurred with the director, rejecting counsel's argument that 'major' should not factor in, and found no national or international recognition for the claimed prizes.
AAO agreed the invitation alone does not establish actual participation, and counsel's broad allegation of misinterpretation lacked substantive argument.
为什么值得参考
了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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AAO agreed the invitation alone does not establish actual participation, and counsel's broad allegation of misinterpretation lacked substantive argument.