Ability to pay combined proffered wages for multiple I-140 petitions
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USCIS records show the petitioner filed four additional I-140 petitions, requiring demonstration of combined ability to pay all proffered wages. The record failed to document priority dates, proffered wages, or disposition of those other petitions.
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USCIS records show the petitioner filed four additional I-140 petitions, requiring demonstration of combined ability to pay all proffered wages. The record failed to document priority dates, proffered wages, or disposition of those other petitions.
The 2010 Form 1120S showed net income of only $4,621, far below the proffered wage. Unaudited financial statements were not acceptable because they were compiled rather than audited, and bank statements are not among the enumerated acceptable forms of evidence.
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The 2010 Form 1120S showed net income of only $4,621, far below the proffered wage. Unaudited financial statements were not acceptable because they were compiled rather than audited, and bank statements are not among the enumerated acceptable forms of evidence.
AAO reviewed the AACRAO EDGE database and found that the beneficiary's degree is in architecture, not engineering, and that these are not in the same field. Because USCIS may not ignore a term of the labor certification, the beneficiary is unqualified for the offered position.
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AAO reviewed the AACRAO EDGE database and found that the beneficiary's degree is in architecture, not engineering, and that these are not in the same field. Because USCIS may not ignore a term of the labor certification, the beneficiary is unqualified for the offered position.
The AAO affirmed the director's finding, noting that the petitioner's role as a reviewer and judge of international film entries and membership on an editorial board satisfied the plain language of the criterion.
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了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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The AAO affirmed the director's finding, noting that the petitioner's role as a reviewer and judge of international film entries and membership on an editorial board satisfied the plain language of the criterion.
Sufficiency of experience letter under 8 C.F.R. § 204.5(g)(1)
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AAO raised this issue sua sponte on de novo review. The experience letter listed job title and technologies used but did not provide a specific description of duties performed as required by the regulation.
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AAO raised this issue sua sponte on de novo review. The experience letter listed job title and technologies used but did not provide a specific description of duties performed as required by the regulation.
AAO found the petitioner paid the beneficiary only $13,920 in 2011 (less than the $30,160 proffered wage) and had a net loss of -$5,542 in 2011 with only $19,600 in total revenue and no assets.…
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AAO found the petitioner paid the beneficiary only $13,920 in 2011 (less than the $30,160 proffered wage) and had a net loss of -$5,542 in 2011 with only $19,600 in total revenue and no assets. AAO rejected use of a line of credit (not a contractual obligation and not equivalent to cash), prorating the wage (no monthly income statements or pay stubs covering only the post-priority-date period were submitted), and shareholder personal assets (corporation is a separate legal entity). Totality of circumstances also weighed against the petitioner given consistent decline since 2008.
leading or critical role for organizations or establishments with a distinguished reputation
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The petitioner, as a third-party consultant, did not demonstrate a leading or critical role for the medical organizations as a whole. Evidence of attracting and maintaining clients does not establish that the petitioner's role was critical to the organizations. The medical organizations obtained their reputation independently of the petitioner. Furthermore, the regulation requires a role for organizations in the plural.
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The petitioner, as a third-party consultant, did not demonstrate a leading or critical role for the medical organizations as a whole. Evidence of attracting and maintaining clients does not establish that the petitioner's role was critical to the organizations. The medical organizations obtained their reputation independently of the petitioner. Furthermore, the regulation requires a role for organizations in the plural.
published material about the alien in professional or major trade publications or other major media
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The foreign-language documents lacked proper individual translator certifications and were thus not probative. The bare circulation numbers were insufficient to demonstrate that the publications constituted major media, as no comparative evidence was provided. The television appearance was not about the petitioner relating to her work.
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The foreign-language documents lacked proper individual translator certifications and were thus not probative. The bare circulation numbers were insufficient to demonstrate that the publications constituted major media, as no comparative evidence was provided. The television appearance was not about the petitioner relating to her work.