The AAO explicitly declined to conduct a final merits determination because the petitioner failed to satisfy the antecedent requirement of three qualifying categories of evidence.
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The AAO explicitly declined to conduct a final merits determination because the petitioner failed to satisfy the antecedent requirement of three qualifying categories of evidence.
five years of progressive post-baccalaureate experience
证据为何得到认可
AAO found that five identified employment periods, when aggregated, exceed 60 months of adequately described and documented progressive experience, and that the credibility concerns identified by the director were resolved.
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AAO found that five identified employment periods, when aggregated, exceed 60 months of adequately described and documented progressive experience, and that the credibility concerns identified by the director were resolved.
AAO concluded the record does not establish ability to pay the proffered wage to the instant beneficiary, and the existence of multiple pending petitions raises additional ability-to-pay concerns under Matter of Great Wall.
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AAO concluded the record does not establish ability to pay the proffered wage to the instant beneficiary, and the existence of multiple pending petitions raises additional ability-to-pay concerns under Matter of Great Wall.
Continuing ability to pay the proffered wage from the priority date
AAO 为什么未被说服
In 2007 and 2008, the petitioner's net income was deeply negative and net current assets were insufficient to bridge the gap between wages actually paid and the proffered wage. Arguments to recharacterize current liabilities as long-term were unpersuasive absent amended tax returns, and apparent 'current' assets recurred year after year without being satisfied, indicating they were not truly available.…
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In 2007 and 2008, the petitioner's net income was deeply negative and net current assets were insufficient to bridge the gap between wages actually paid and the proffered wage. Arguments to recharacterize current liabilities as long-term were unpersuasive absent amended tax returns, and apparent 'current' assets recurred year after year without being satisfied, indicating they were not truly available. Bank statements, lines of credit, and shareholder assets could not substitute for the required tax-return-based analysis.
ETA Form 9089 requires advanced degree or exceptional ability
AAO 为什么未被说服
AAO agreed that the Form 9089 only required a bachelor's degree or combination equating to one, plus experience, which does not satisfy the regulatory requirement for an advanced-degree or exceptional-ability position.
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AAO agreed that the Form 9089 only required a bachelor's degree or combination equating to one, plus experience, which does not satisfy the regulatory requirement for an advanced-degree or exceptional-ability position.
national interest served to substantially greater degree than available U.S. worker
AAO 为什么未被说服
The AAO rejected counsel's reliance on 'unquantifiable factors' as an attempt to sidestep the NYSDOT test, and found that the 'highly qualified' teacher designation is functionally equivalent to minimum qualifications for labor certification purposes rather than a distinction setting the petitioner above available U.S. workers.
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The AAO rejected counsel's reliance on 'unquantifiable factors' as an attempt to sidestep the NYSDOT test, and found that the 'highly qualified' teacher designation is functionally equivalent to minimum qualifications for labor certification purposes rather than a distinction setting the petitioner above available U.S. workers.
national interest substantially greater than a U.S. worker
AAO 为什么未被说服
AAO found that counsel's assertion of the petitioner's superiority over U.S. workers was unsupported and self-contradictory — declaring her superiority while also declaring it impossible to measure. Counsel's own statistics show nearly 60% of special educators hold comparable credentials. The national interest waiver is not a means to avoid inconvenience of labor certification.
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AAO found that counsel's assertion of the petitioner's superiority over U.S. workers was unsupported and self-contradictory — declaring her superiority while also declaring it impossible to measure. Counsel's own statistics show nearly 60% of special educators hold comparable credentials. The national interest waiver is not a means to avoid inconvenience of labor certification.
national interest substantially greater than a U.S. worker with same minimum qualifications
AAO 为什么未被说服
The AAO found counsel's privacy-based objection to comparison with other workers to be baseless and based on a false assumption about what NYSDOT requires. The AAO also found that demonstrating exceptional ability is not sufficient for a national interest waiver, as exceptional ability aliens are by default subject to the job offer requirement.…
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The AAO found counsel's privacy-based objection to comparison with other workers to be baseless and based on a false assumption about what NYSDOT requires. The AAO also found that demonstrating exceptional ability is not sufficient for a national interest waiver, as exceptional ability aliens are by default subject to the job offer requirement. The record offered no support for speculative claims about the school district's hiring decisions.
national interest substantially greater than available U.S. worker
AAO 为什么未被说服
Counsel's claim that 'foreign teachers' as a class are superior to U.S. workers lacked evidentiary support and was an impermissible argument for a blanket class waiver. The statute subjects both advanced-degree professionals and aliens of exceptional ability to the job offer requirement, so exceptional ability as a teacher cannot presumptively qualify any alien for the waiver.
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Counsel's claim that 'foreign teachers' as a class are superior to U.S. workers lacked evidentiary support and was an impermissible argument for a blanket class waiver. The statute subjects both advanced-degree professionals and aliens of exceptional ability to the job offer requirement, so exceptional ability as a teacher cannot presumptively qualify any alien for the waiver.
84 months of qualifying experience per labor certification
AAO 为什么未被说服
The employment letters were deficient in multiple respects: co-worker letters were not from former employers as required by 8 C.F.R. § 204.5(g)(1) and no unavailability of employer letters was shown; HR letters failed to specifically describe job duties; one HR letter did not name the beneficiary and contained inconsistent employment dates; and experience with the current petitioner in the same position could not be counted…
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The employment letters were deficient in multiple respects: co-worker letters were not from former employers as required by 8 C.F.R. § 204.5(g)(1) and no unavailability of employer letters was shown; HR letters failed to specifically describe job duties; one HR letter did not name the beneficiary and contained inconsistent employment dates; and experience with the current petitioner in the same position could not be counted because J.21 stated no qualifying experience was gained with the petitioner.