at least ten years of full-time experience in the occupation
证据为何得到认可
Employer letters affirmed the claimed periods of employment as President/CEO and in related roles. The director found the experience requirement satisfied and AAO did not disturb this finding.
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Employer letters affirmed the claimed periods of employment as President/CEO and in related roles. The director found the experience requirement satisfied and AAO did not disturb this finding.
General assertions about the value of entrepreneurship address intrinsic merit but do not distinguish the petitioner from other entrepreneurs. The petitioner's early performance was unremarkable and future projections were speculative.
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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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General assertions about the value of entrepreneurship address intrinsic merit but do not distinguish the petitioner from other entrepreneurs. The petitioner's early performance was unremarkable and future projections were speculative.
academic record (degree/diploma/certificate relating to area of exceptional ability)
证据为何得到认可
The petitioner submitted documentation of a two-year degree and technical training certificate, which the director found satisfied the plain wording of the regulation. AAO did not disturb this finding.
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The petitioner submitted documentation of a two-year degree and technical training certificate, which the director found satisfied the plain wording of the regulation. AAO did not disturb this finding.
valid successor-in-interest transaction under Matter of Dial Auto
证据为何得到认可
AAO accepted that a successor-in-interest transaction had occurred, but emphasized the successor still had to prove ability to pay from the priority date forward, which it did not.
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AAO accepted that a successor-in-interest transaction had occurred, but emphasized the successor still had to prove ability to pay from the priority date forward, which it did not.
continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
Wages paid were below the proffered wage, net income was a substantial loss, and personal assets and future earnings cannot substitute. Inconsistencies and lack of evidence of industry reputation defeat any Sonegawa-style totality argument.
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Wages paid were below the proffered wage, net income was a substantial loss, and personal assets and future earnings cannot substitute. Inconsistencies and lack of evidence of industry reputation defeat any Sonegawa-style totality argument.
24 months of qualifying public relations experience as of priority date
AAO 为什么未被说服
AAO raised this issue de novo, finding the beneficiary's claim of qualifying experience with the petitioner since 2004 was inconsistent with USCIS records showing work authorization for the petitioner only from February 2009.
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AAO raised this issue de novo, finding the beneficiary's claim of qualifying experience with the petitioner since 2004 was inconsistent with USCIS records showing work authorization for the petitioner only from February 2009.
Beneficiary meets educational requirements of labor certification
AAO 为什么未被说服
USCIS is bound by the plain language of the ETA Form 9089. Because the petitioner checked 'no' to alternate fields of study, a bachelor's degree in Mechanical Engineering cannot satisfy the alternate combination requirement. The only credential evaluation concluding equivalency to a Master's in Computer Science improperly combined education with work experience, which is not permitted for EB-2 classification.…
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USCIS is bound by the plain language of the ETA Form 9089. Because the petitioner checked 'no' to alternate fields of study, a bachelor's degree in Mechanical Engineering cannot satisfy the alternate combination requirement. The only credential evaluation concluding equivalency to a Master's in Computer Science improperly combined education with work experience, which is not permitted for EB-2 classification. BALCA decisions are not binding on USCIS.
Possession of U.S. baccalaureate or foreign equivalent degree plus five years of progressive experience (alternative advanced degree standard)
AAO 为什么未被说服
AAO found, beyond the director's decision, that even accepting counsel's argument the beneficiary still fails: the three-year Bachelor of Commerce and Post Graduate Diploma do not constitute a foreign equivalent to a U.S. baccalaureate degree, and the documented work experience totals only about four years and three months from the certified employer, not the required five years.
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AAO found, beyond the director's decision, that even accepting counsel's argument the beneficiary still fails: the three-year Bachelor of Commerce and Post Graduate Diploma do not constitute a foreign equivalent to a U.S. baccalaureate degree, and the documented work experience totals only about four years and three months from the certified employer, not the required five years.
Possession of U.S. master's degree or foreign equivalent as required by labor certification
AAO 为什么未被说服
The labor certification plainly requires a master's degree; line 6 allows no combination of education or experience as an alternative, and H.14 'Kellogg' language cannot supersede the stated minimum. All three credential evaluations relied on combining lesser degrees and/or work experience, which produces only an 'equivalent' rather than a true foreign equivalent degree.
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The labor certification plainly requires a master's degree; line 6 allows no combination of education or experience as an alternative, and H.14 'Kellogg' language cannot supersede the stated minimum. All three credential evaluations relied on combining lesser degrees and/or work experience, which produces only an 'equivalent' rather than a true foreign equivalent degree.
The AAO applied Sonegawa and found the petitioner failed to show significant historical growth, an uncharacteristic expenditure explaining the shortfall, or a sound business reputation comparable to the Sonegawa petitioner. The petitioner offered no evidence of company milestones or industry reputation.
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The AAO applied Sonegawa and found the petitioner failed to show significant historical growth, an uncharacteristic expenditure explaining the shortfall, or a sound business reputation comparable to the Sonegawa petitioner. The petitioner offered no evidence of company milestones or industry reputation.