Five years of progressive experience in the specialty by priority date
AAO 为什么未被说服
The work experience letters document only approximately four years of experience following the award of the beneficiary's Indian bachelor's degree, falling short of the required five years by the April 5, 2010 priority date.
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The work experience letters document only approximately four years of experience following the award of the beneficiary's Indian bachelor's degree, falling short of the required five years by the April 5, 2010 priority date.
Foreign equivalent degree (baccalaureate or above)
AAO 为什么未被说服
AAO gave greater weight to EDGE/AACRAO peer-reviewed information over the submitted evaluations, concluding that the Indian M.S. is comparable only to a U.S. bachelor's degree. The submitted evaluations were not peer-reviewed, did not address actual courses of study, and failed to substantiate the rationale behind credit assignments.
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AAO gave greater weight to EDGE/AACRAO peer-reviewed information over the submitted evaluations, concluding that the Indian M.S. is comparable only to a U.S. bachelor's degree. The submitted evaluations were not peer-reviewed, did not address actual courses of study, and failed to substantiate the rationale behind credit assignments.
Whether the proffered position involves prohibited physician duties
AAO 为什么未被说服
The AAO agreed that the job duties in the labor certification describe tasks normally performed by a physician, that counsel's job clarification constituted an impermissible material change, and that the re-categorization of the position from biochemist to medical scientist was a further impermissible material change. The beneficiary does not qualify for admission as a practicing physician.
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The AAO agreed that the job duties in the labor certification describe tasks normally performed by a physician, that counsel's job clarification constituted an impermissible material change, and that the re-categorization of the position from biochemist to medical scientist was a further impermissible material change. The beneficiary does not qualify for admission as a practicing physician.
Ability to pay proffered wage from priority date forward
AAO 为什么未被说服
The beneficiary's W-2 wages fell short of the proffered wage every year. The petitioner's net income and net current assets were also insufficient to cover the deficiency in 2010, no 2011 tax return was filed, and no totality-of-circumstances factors paralleling Sonegawa were shown.
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The beneficiary's W-2 wages fell short of the proffered wage every year. The petitioner's net income and net current assets were also insufficient to cover the deficiency in 2010, no 2011 tax return was filed, and no totality-of-circumstances factors paralleling Sonegawa were shown.
The AAO did not separately address this prong; the decision focused its analysis on whether the petitioner had shown a substantial impact greater than an available U.S. worker.
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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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The AAO did not separately address this prong; the decision focused its analysis on whether the petitioner had shown a substantial impact greater than an available U.S. worker.
The AAO did not separately address national scope as a distinct prong; the decision noted the record did not show the petitioner's work attracted any notice outside of Baltimore.
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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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The AAO did not separately address national scope as a distinct prong; the decision noted the record did not show the petitioner's work attracted any notice outside of Baltimore.
AAO determined that because the beneficiary's degree is from an unaccredited institution and therefore does not qualify as a U.S. master's degree, and because he has no foreign equivalent master's degree, he does not meet the educational requirement on the labor certification for the proffered position.
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AAO determined that because the beneficiary's degree is from an unaccredited institution and therefore does not qualify as a U.S. master's degree, and because he has no foreign equivalent master's degree, he does not meet the educational requirement on the labor certification for the proffered position.
The petitioner submitted only two pay stubs with dates in mid-2011 and no corporate tax return for 2011. It failed to establish Sonegawa-type factors that would permit a finding of ability to pay despite shortfalls in net income or net current assets, and thus could not demonstrate ability to pay the $104,458 proffered wage from the March 29, 2011 priority date.
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The petitioner submitted only two pay stubs with dates in mid-2011 and no corporate tax return for 2011. It failed to establish Sonegawa-type factors that would permit a finding of ability to pay despite shortfalls in net income or net current assets, and thus could not demonstrate ability to pay the $104,458 proffered wage from the March 29, 2011 priority date.
Beneficiary qualifications per labor certification
AAO 为什么未被说服
The employment statements are internally contradictory and conflict with the beneficiary's own declarations on the labor certification, changing job duties, titles, and employment periods from one statement to the next.…
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The employment statements are internally contradictory and conflict with the beneficiary's own declarations on the labor certification, changing job duties, titles, and employment periods from one statement to the next. The affidavits constitute secondary evidence that fails to overcome the unavailability of primary documentation, and the description of work experience is repetitive and fails to establish the required progressive experience.