serves national interest substantially greater than U.S. worker with same minimum qualifications
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Certification in multiple subjects does not establish prior impact or influence on the field, nor does exceptional ability (defined as expertise significantly above that ordinarily encountered) serve as a presumptive or automatic basis for the waiver. The petitioner submitted no evidence that her triple certification is rare, and her credentials do not show she will significantly benefit students beyond her own.…
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理解除了希望自我申请之外，哪些与具体事业相关的事实会影响豁免分析。
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Certification in multiple subjects does not establish prior impact or influence on the field, nor does exceptional ability (defined as expertise significantly above that ordinarily encountered) serve as a presumptive or automatic basis for the waiver. The petitioner submitted no evidence that her triple certification is rare, and her credentials do not show she will significantly benefit students beyond her own. The inapplicability of labor certification due to employer debarment cannot itself justify a national interest waiver.
advanced degree or foreign equivalent under 8 C.F.R. § 204.5(k)(2)
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AAO held that there is no provision allowing qualification with anything less than a single foreign-equivalent baccalaureate plus five years of progressive experience, and EDGE establishes that the Indian three-year B.S. plus M.S. is comparable only to a U.S. bachelor's degree.
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AAO held that there is no provision allowing qualification with anything less than a single foreign-equivalent baccalaureate plus five years of progressive experience, and EDGE establishes that the Indian three-year B.S. plus M.S. is comparable only to a U.S. bachelor's degree.
AAO confirmed the petitioner paid sufficient wages only in 2007, 2009–2011; net income was negative for 2003–2006 and net current assets were also negative for those years; the 2008 shortfall was covered by net income. The proffered unaudited financial statements and bank statements were insufficient evidence.…
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AAO confirmed the petitioner paid sufficient wages only in 2007, 2009–2011; net income was negative for 2003–2006 and net current assets were also negative for those years; the 2008 shortfall was covered by net income. The proffered unaudited financial statements and bank statements were insufficient evidence. Sonegawa totality-of-circumstances analysis did not rescue the petitioner due to lack of demonstrated growth or outstanding reputation.
beneficiary qualifications per labor certification as of priority date
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AAO raised this issue sua sponte on appeal. The employer letters submitted lacked sufficient job duty descriptions, and the beneficiary's part-time employment made it unlikely the required six years of experience were met as of the priority date.
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AAO raised this issue sua sponte on appeal. The employer letters submitted lacked sufficient job duty descriptions, and the beneficiary's part-time employment made it unlikely the required six years of experience were met as of the priority date.
The AAO found that the petitioner's 2011 federal tax return established the continuing ability to pay the proffered wage from the priority date forward.
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The AAO found that the petitioner's 2011 federal tax return established the continuing ability to pay the proffered wage from the priority date forward.
The AAO concluded it was more likely than not that the beneficiary earned a foreign equivalent degree to a U.S. bachelor's degree in mechanical engineering and had at least five years of progressive work experience, satisfying the master's equivalent standard.
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The AAO concluded it was more likely than not that the beneficiary earned a foreign equivalent degree to a U.S. bachelor's degree in mechanical engineering and had at least five years of progressive work experience, satisfying the master's equivalent standard.
Special skills required in Part H.14 of ETA Form 9089 (Revit, Solid Works, AutoCAD)
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The AAO found that the record did not establish the beneficiary possessed the required knowledge of Revit, Solid Works, and AutoCAD software listed as special skills on the labor certification, rendering the petition currently unapprovable.
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The AAO found that the record did not establish the beneficiary possessed the required knowledge of Revit, Solid Works, and AutoCAD software listed as special skills on the labor certification, rendering the petition currently unapprovable.
Counsel conflated the national importance of 'education' as a concept with the impact of one teacher; the undeniable importance of education as a whole does not imply that Congress has indirectly exempted teachers from the job offer requirement.
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识别 AAO 期待看到的已有进展、资源、外部兴趣，以及过去经历与未来计划之间的连接。
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Counsel conflated the national importance of 'education' as a concept with the impact of one teacher; the undeniable importance of education as a whole does not imply that Congress has indirectly exempted teachers from the job offer requirement.
While education broadly has intrinsic merit, the petitioner's work as an individual teacher did not self-evidently set her apart from other competent teachers, and submitted materials only demonstrated she is a successful teacher.
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对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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While education broadly has intrinsic merit, the petitioner's work as an individual teacher did not self-evidently set her apart from other competent teachers, and submitted materials only demonstrated she is a successful teacher.
AAO did not dispute the substantial intrinsic merit of the petitioner's field of work; this prong was conceded by the director and not contested on appeal.
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AAO did not dispute the substantial intrinsic merit of the petitioner's field of work; this prong was conceded by the director and not contested on appeal.