five years of progressive post-baccalaureate experience
AAO 为什么未被说服
The beneficiary's first bachelor's-equivalent title was awarded February 2003, only three years and four months before the priority date, so he cannot meet the five-year post-baccalaureate experience requirement, and a change of preference category is an impermissible material change under Matter of Izummi.
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The beneficiary's first bachelor's-equivalent title was awarded February 2003, only three years and four months before the priority date, so he cannot meet the five-year post-baccalaureate experience requirement, and a change of preference category is an impermissible material change under Matter of Izummi.
The petitioner's Iowa certificate of authority was revoked in 2008 and no certificate of good standing was provided. The beneficiary's W-2s, tax returns, and biographic information demonstrate he was never employed by the petitioner in Iowa. The sole submitted contract specifies services in Chicago, not Iowa. Counsel's assertion that Iowa employment remains possible is speculative and unsupported by evidence.
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The petitioner's Iowa certificate of authority was revoked in 2008 and no certificate of good standing was provided. The beneficiary's W-2s, tax returns, and biographic information demonstrate he was never employed by the petitioner in Iowa. The sole submitted contract specifies services in Chicago, not Iowa. Counsel's assertion that Iowa employment remains possible is speculative and unsupported by evidence.
For 2004, 2005, and 2006, the beneficiary was paid less than the proffered wage ($85,000/year). The petitioner's net income for those years ($84,702; $14,904; $25,392) and net current assets ($168,543; $166,711; $189,629) were considered, but the petitioner's failure to provide accounting for 661 sponsored petitions made it impossible to calculate the true financial burden and establish ability to pay all sponsored benefici…
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For 2004, 2005, and 2006, the beneficiary was paid less than the proffered wage ($85,000/year). The petitioner's net income for those years ($84,702; $14,904; $25,392) and net current assets ($168,543; $166,711; $189,629) were considered, but the petitioner's failure to provide accounting for 661 sponsored petitions made it impossible to calculate the true financial burden and establish ability to pay all sponsored beneficiaries simultaneously. Proration of the proffered wage for 2004 was denied absent monthly supporting documentation.
beneficiary meets labor certification educational requirements for advanced degree professional
AAO 为什么未被说服
The beneficiary's three-year bachelor's degree is not a foreign equivalent to a U.S. baccalaureate under Matter of Shah. AACRAO EDGE guidance confirms it equates to only three years of U.S. undergraduate study. The Higher Diploma from a non-accredited institution cannot supply the missing fourth year of baccalaureate-level education.…
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The beneficiary's three-year bachelor's degree is not a foreign equivalent to a U.S. baccalaureate under Matter of Shah. AACRAO EDGE guidance confirms it equates to only three years of U.S. undergraduate study. The Higher Diploma from a non-accredited institution cannot supply the missing fourth year of baccalaureate-level education. Where credentials rely on combining multiple lesser degrees or coursework from non-accredited institutions, the result is only the 'equivalent' of a bachelor's—not a 'foreign equivalent degree.'
Beneficiary meets minimum experience requirements of labor certification
AAO 为什么未被说服
The employment letters submitted failed to demonstrate the specific special skills required by the labor certification (ASE 15, PL/SQL, ASE to Oracle migration, Data Warehousing, multithreading Unix scripting). Counsel's unsupported assertions on appeal did not constitute evidence and no new documentary evidence was submitted to resolve the deficiency.
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The employment letters submitted failed to demonstrate the specific special skills required by the labor certification (ASE 15, PL/SQL, ASE to Oracle migration, Data Warehousing, multithreading Unix scripting). Counsel's unsupported assertions on appeal did not constitute evidence and no new documentary evidence was submitted to resolve the deficiency.
bachelor's degree in business administration in accounting (or foreign equivalent)
证据为何得到认可
AAO found the inconsistencies cited by the Director were minor and adequately explained, the credentials appear genuine, and EEI and Morningside evaluations are confirmed by EDGE, which the Director overlooked.
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AAO found the inconsistencies cited by the Director were minor and adequately explained, the credentials appear genuine, and EEI and Morningside evaluations are confirmed by EDGE, which the Director overlooked.
continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
The petitioner's net income for every year 2006-2011 was below the $66,664 proffered wage, the beneficiary received no wages from the petitioner, and no Sonegawa-type extraordinary circumstances were shown.
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The petitioner's net income for every year 2006-2011 was below the $66,664 proffered wage, the beneficiary received no wages from the petitioner, and no Sonegawa-type extraordinary circumstances were shown.
willful misrepresentation of material fact / fraud
AAO 为什么未被说服
The discrepancies are real but do not rise to the level of fraud or willful misrepresentation of material fact and are not material to adjudication; the labor certification invalidation is therefore withdrawn.
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The discrepancies are real but do not rise to the level of fraud or willful misrepresentation of material fact and are not material to adjudication; the labor certification invalidation is therefore withdrawn.
Neither the CPA's letter nor the owner's statement satisfies 8 C.F.R. § 204.5(g)(1); the record is unclear when the beneficiary was promoted to Administrative Director (the only role with qualifying duties); and extensive U.S. travel on L-2 and B-2 visas undermines claimed full-time employment in Ecuador.
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Neither the CPA's letter nor the owner's statement satisfies 8 C.F.R. § 204.5(g)(1); the record is unclear when the beneficiary was promoted to Administrative Director (the only role with qualifying duties); and extensive U.S. travel on L-2 and B-2 visas undermines claimed full-time employment in Ecuador.
AAO found the Schedule F figures could not be attributed to the petitioner because of the EIN mismatch, no audited financial statements were submitted to show net current assets, and the Sonegawa overall-circumstances analysis did not support approval given the persistent losses.
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AAO found the Schedule F figures could not be attributed to the petitioner because of the EIN mismatch, no audited financial statements were submitted to show net current assets, and the Sonegawa overall-circumstances analysis did not support approval given the persistent losses.