检索 AAO 如何审视申请证据。

The AAO found that, while net income and net current assets in later years exceeded the proffered wage for this single beneficiary, the petitioner's over one thousand pending immigrant and non-immigrant petitions required evaluation of combined wage obligations. Even limiting analysis to the 12 petitions identified as active and approved in 2008, the $565,082 shortfall between proffered wages and actual wages paid far exceeded the petitioner's $211,398 net income with negative net current assets in 2008. The CFO letter, bank statements, and gross receipts were rejected as insufficient evidence of ability to pay under the applicable regulatory framework.

The AAO determined that the beneficiary's diploma from an Instituto Superior Tecnologico does not constitute a foreign equivalent of a U.S. bachelor's degree, as AACRAO EDGE indicates such credentials are comparable only to 3–4 years of university study. The private credentials evaluation was given less weight as it was inconsistent with EDGE data. Without a qualifying degree, the beneficiary cannot satisfy the labor certification's minimum education requirement.

Applying the totality-of-circumstances approach from Sonegawa, the AAO found the petitioner's nearly 40-year business history, 70+ employees, and gross receipts of $13–$43 million demonstrated sufficient financial resources to pay the proffered wage.

Net income was negative in 2008 and 2009 and only $16,121 in 2010, all insufficient against the $50,274 proffered wage. Net current assets were also insufficient. Bank statements are not among the enumerated forms of evidence and do not show sustainable ability to pay. Unaudited financial statements lack reliability. Gross receipts cannot substitute for net income. The petitioner closed in December 2010 and provided no 2011 tax return.

The employment letter failed to describe specific job duties and did not confirm the beneficiary was employed as a market research analyst, as required by the labor certification. Therefore the beneficiary's qualifications as of the priority date were not established.

AAO found that when accounting for the petitioner's over one thousand simultaneously pending immigrant and non-immigrant petitions, its net income of $211,398 in 2008 and negative net current assets were insufficient to cover the combined shortfall of $565,082 for just 12 active petitions. The petitioner's reliance on gross receipts was misplaced, the CFO letter was not persuasive given the volume of petitions and inconsistency in employee count, bank statements were not among the prescribed evidence types and could not demonstrate sustainable ability to pay, and the Yates Memorandum did not override the plain language of the regulation requiring continuing ability to pay.

AAO agreed that the labor certification's minimum requirement of a bachelor's degree controls the classification analysis and falls below the threshold for advanced-degree-professional classification, and that no RFE was required where the evidence on its face showed ineligibility.

The AAO determined that the beneficiary had a foreign equivalent degree to a U.S. bachelor's degree in accounting and five years of qualifying progressive work experience prior to the priority date, satisfying ETA Form 9089 Parts H.4 and H.10 read in combination.

The AAO determined that accreditation by a regional accrediting agency recognized by both the DoEd and CHEA is implicitly required by 8 C.F.R. § 204.5(k)(2) to ensure nationwide recognition of degrees. The institution did not appear on the WASC list of accredited or candidate institutions. BPPE approval is a lower-level endorsement that does not equate to accreditation. The beneficiary's bachelor's degree also cannot substitute because she lacked five years of qualifying post-baccalaureate experience as of the priority date.

The petitioner did not demonstrate that a waiver of labor certification would be in the national interest; NYSDOT remains binding, NCLBA did not amend section 203(b)(2), and the petitioner's personal circumstances (employer debarment, visa backlog) are not sufficient cause for a national interest waiver.