While the petitioner's net income in 2010 ($117,265) nominally covered the proffered wage gap, the petitioner had at least 22 additional pending or approved I-140 petitions and failed to demonstrate its ability to pay the proffered wage for all beneficiaries. It also refused to provide a list of pending petitions as requested, and provided inconsistent claims about its workforce size, casting doubt on all record evidence.
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While the petitioner's net income in 2010 ($117,265) nominally covered the proffered wage gap, the petitioner had at least 22 additional pending or approved I-140 petitions and failed to demonstrate its ability to pay the proffered wage for all beneficiaries. It also refused to provide a list of pending petitions as requested, and provided inconsistent claims about its workforce size, casting doubt on all record evidence.
Beneficiary meets minimum education requirement of labor certification (master's degree or foreign equivalent)
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EDGE (AACRAO) indicates that an Indian bachelor's degree equates to only two to three years of U.S. university study, and that an Indian Master of Science built on such a degree is comparable only to a U.S. bachelor's degree. The private credential evaluations were not persuasive because they lacked methodology explanation and course-by-course credit analysis.…
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EDGE (AACRAO) indicates that an Indian bachelor's degree equates to only two to three years of U.S. university study, and that an Indian Master of Science built on such a degree is comparable only to a U.S. bachelor's degree. The private credential evaluations were not persuasive because they lacked methodology explanation and course-by-course credit analysis. Because the labor certification required a master's degree with no alternative combination allowed, the beneficiary's credentials do not meet the minimum education requirement.
The petitioner submitted documentation of race results and awards received at various international running competitions. AAO affirmed the director's finding that this evidence meets the regulatory criterion.
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The petitioner submitted documentation of race results and awards received at various international running competitions. AAO affirmed the director's finding that this evidence meets the regulatory criterion.
Applying Snapnames.com, AAO concluded that 'B.S. or foreign equivalent' on the labor certification refers solely to the alien's educational background and precludes consideration of combined education and work experience or combined education and professional certification.
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Applying Snapnames.com, AAO concluded that 'B.S. or foreign equivalent' on the labor certification refers solely to the alien's educational background and precludes consideration of combined education and work experience or combined education and professional certification.
The IETE is a professional engineering organization, not a college or university, and therefore cannot confer an official college or university degree. Although EDGE confirms the IETE associate certificate reflects education comparable to a U.S. bachelor's degree, the statute and regulations require an actual foreign equivalent degree from an academic institution.…
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The IETE is a professional engineering organization, not a college or university, and therefore cannot confer an official college or university degree. Although EDGE confirms the IETE associate certificate reflects education comparable to a U.S. bachelor's degree, the statute and regulations require an actual foreign equivalent degree from an academic institution. The credential evaluations were unpersuasive because they lacked methodology, course-by-course analysis, or explanation of how equivalency was determined.
Wages paid to beneficiary equal to or exceeding proffered wage
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The petitioner did not submit W-2 forms showing it paid the beneficiary the proffered wage. W-2 forms from a separate entity carry no evidentiary weight because a corporation is a separate and distinct legal entity whose assets cannot be attributed to the petitioning entity.
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The petitioner did not submit W-2 forms showing it paid the beneficiary the proffered wage. W-2 forms from a separate entity carry no evidentiary weight because a corporation is a separate and distinct legal entity whose assets cannot be attributed to the petitioning entity.
General partner assets available to pay proffered wage
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Although a general partner's assets may be considered for a limited partnership, the record lacked sufficient information about the general partner's identity and financial position. Without that information, it could not be determined that general partner assets were available to pay the proffered wage.
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Although a general partner's assets may be considered for a limited partnership, the record lacked sufficient information about the general partner's identity and financial position. Without that information, it could not be determined that general partner assets were available to pay the proffered wage.
Net current assets sufficient to pay proffered wage
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The 2010 draft tax return showed current assets of $6,669,216 against current liabilities of $13,109,915, yielding negative net current assets of approximately -$6,440,699 after accounting for the proffered wage. This was insufficient to demonstrate ability to pay.
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The 2010 draft tax return showed current assets of $6,669,216 against current liabilities of $13,109,915, yielding negative net current assets of approximately -$6,440,699 after accounting for the proffered wage. This was insufficient to demonstrate ability to pay.
The petitioner's draft 2010 tax return showed a net loss of -$2,475,136, far below the proffered wage of $110,000. Although the 2011 draft return showed net income of $228,305 (exceeding the proffered wage), the gap in 2010 was not cured.
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The petitioner's draft 2010 tax return showed a net loss of -$2,475,136, far below the proffered wage of $110,000. Although the 2011 draft return showed net income of $228,305 (exceeding the proffered wage), the gap in 2010 was not cured.
Totality of circumstances / overall business magnitude (Sonegawa)
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Although USCIS may consider the overall magnitude of business activities under Matter of Sonegawa, the petitioner's draft tax returns showed operating losses, no salaries or wages paid to workers in 2010 and 2011, and no independent or objective evidence of business reputation, uncharacteristic losses, or historical growth. The totality of circumstances did not establish ability to pay.
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Although USCIS may consider the overall magnitude of business activities under Matter of Sonegawa, the petitioner's draft tax returns showed operating losses, no salaries or wages paid to workers in 2010 and 2011, and no independent or objective evidence of business reputation, uncharacteristic losses, or historical growth. The totality of circumstances did not establish ability to pay.