The sole proprietor's AGI was negative in 2009 and well below the proffered wage in 2010; the W-2 was not issued by the petitioner; the financial statements were unaudited compilations; and future projections and unsupported assertions cannot substitute for documentary evidence of ability to pay.
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The sole proprietor's AGI was negative in 2009 and well below the proffered wage in 2010; the W-2 was not issued by the petitioner; the financial statements were unaudited compilations; and future projections and unsupported assertions cannot substitute for documentary evidence of ability to pay.
AAO affirmed, finding substantial and probative evidence in the record supporting the inference that the marriage was entered into to evade immigration laws.
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AAO affirmed, finding substantial and probative evidence in the record supporting the inference that the marriage was entered into to evade immigration laws.
The petitioner's sole published piece was co-authored by eight persons and consisted of two photographs and eleven sentences. The conference abstracts recounted individual patient case studies rather than original research. Awards were either pre-dating the filing without adequate significance documentation or post-dated the filing.
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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 petitioner's sole published piece was co-authored by eight persons and consisted of two photographs and eleven sentences. The conference abstracts recounted individual patient case studies rather than original research. Awards were either pre-dating the filing without adequate significance documentation or post-dated the filing.
While dissemination of research through publications and presentations can provide national-scope benefits, the petitioner's research was conducted during graduate training and is time-limited. The claims about treating nationally-referred patients and teaching advanced procedures lacked evidentiary support and did not show innovation.
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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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While dissemination of research through publications and presentations can provide national-scope benefits, the petitioner's research was conducted during graduate training and is time-limited. The claims about treating nationally-referred patients and teaching advanced procedures lacked evidentiary support and did not show innovation.
60 months of experience in the job offered (math department coordinator)
AAO 为什么未被说服
The beneficiary worked as a math teacher from 2000 to 2006 and served as general coordinator only during the 2006/2007 academic year, which is less than five years. The alternate experience standard on the prevailing wage determination form could not substitute for the express terms of the labor certification, and USCIS may not ignore or alter the terms of the labor certification.
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The beneficiary worked as a math teacher from 2000 to 2006 and served as general coordinator only during the 2006/2007 academic year, which is less than five years. The alternate experience standard on the prevailing wage determination form could not substitute for the express terms of the labor certification, and USCIS may not ignore or alter the terms of the labor certification.
job offer requires advanced degree or equivalent / exceptional ability
AAO 为什么未被说服
Because Part H, Item 14 of the ETA Form 9089 permits any suitable combination of academic study and experience deemed equivalent, the job offer does not require an advanced-degree professional or an alien of exceptional ability under 8 C.F.R. § 204.5(k)(4).
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Because Part H, Item 14 of the ETA Form 9089 permits any suitable combination of academic study and experience deemed equivalent, the job offer does not require an advanced-degree professional or an alien of exceptional ability under 8 C.F.R. § 204.5(k)(4).
AAO raised ability to pay sua sponte as an additional ground for dismissal. The petitioner did not employ or pay the beneficiary the full proffered wage in 2011, had insufficient net income and net current assets, and presented no Sonegawa factors to otherwise demonstrate ability to pay.
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AAO raised ability to pay sua sponte as an additional ground for dismissal. The petitioner did not employ or pay the beneficiary the full proffered wage in 2011, had insufficient net income and net current assets, and presented no Sonegawa factors to otherwise demonstrate ability to pay.
Beneficiary met minimum experience requirements by priority date
AAO 为什么未被说服
AAO declined to consider new evidence submitted for the first time on appeal because the petitioner had been given adequate notice and opportunity to respond during the RFE stage. Even if the new evidence were accepted, inconsistencies in that evidence—such as a different business address for the employer in the Home Development Mutual Fund documents and the handwritten or computer-generated nature of other documents—furthe…
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AAO declined to consider new evidence submitted for the first time on appeal because the petitioner had been given adequate notice and opportunity to respond during the RFE stage. Even if the new evidence were accepted, inconsistencies in that evidence—such as a different business address for the employer in the Home Development Mutual Fund documents and the handwritten or computer-generated nature of other documents—further supported the finding that the company was not operating after 1999.
The AAO could not substantively adjudicate the appeal because the petitioner failed to respond to the RFE requesting 2011 tax or financial records and W-2/1099 forms for the beneficiary. Failure to submit requested evidence that precludes a material line of inquiry is grounds for denial.
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The AAO could not substantively adjudicate the appeal because the petitioner failed to respond to the RFE requesting 2011 tax or financial records and W-2/1099 forms for the beneficiary. Failure to submit requested evidence that precludes a material line of inquiry is grounds for denial.
AAO agreed the petitioner failed to submit annual reports, tax returns, or audited financial statements for any year from the priority date onward, and that the conceded inability to pay in early 2010 preceded the AC-21 port.
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AAO agreed the petitioner failed to submit annual reports, tax returns, or audited financial statements for any year from the priority date onward, and that the conceded inability to pay in early 2010 preceded the AC-21 port.