advanced degree or equivalent (bachelor's plus 5 years progressive experience)
AAO 为什么未被说服
The AAO held the credentials letter unpersuasive because completed coursework without an issued diploma is not a foreign equivalent degree under Matter of Shah, fixing the degree date at 2004 and making it impossible for the beneficiary to have five years of progressive post-degree experience before the May 10, 2007 priority date.
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The AAO held the credentials letter unpersuasive because completed coursework without an issued diploma is not a foreign equivalent degree under Matter of Shah, fixing the degree date at 2004 and making it impossible for the beneficiary to have five years of progressive post-degree experience before the May 10, 2007 priority date.
Beneficiary qualifications – required work experience per labor certification
AAO 为什么未被说服
The AAO identified this as an additional ground of ineligibility on appeal. The only work experience letter submitted lacked a sufficient description of the beneficiary's job duties as required by 8 C.F.R. § 204.5(g)(1).
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The AAO identified this as an additional ground of ineligibility on appeal. The only work experience letter submitted lacked a sufficient description of the beneficiary's job duties as required by 8 C.F.R. § 204.5(g)(1).
consistency of minimum requirements between ETA Form 9089 and job posting
AAO 为什么未被说服
AAO agreed the documents are inconsistent, but corrected the Director by identifying that it was the ETA Form 9089 (not the posting) that contained the alternative education and experience requirements via its attached position description.
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AAO agreed the documents are inconsistent, but corrected the Director by identifying that it was the ETA Form 9089 (not the posting) that contained the alternative education and experience requirements via its attached position description.
Beneficiary possesses minimum educational qualifications stated on labor certification and required for advanced degree professional classification
AAO 为什么未被说服
EDGE indicates a three-year Indian B.S. is equivalent to two to three years of U.S. university study, and a PGD following a three-year bachelor's degree is equivalent to a U.S. bachelor's only when AICTE-approved and requiring a three-year bachelor's for admission.…
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EDGE indicates a three-year Indian B.S. is equivalent to two to three years of U.S. university study, and a PGD following a three-year bachelor's degree is equivalent to a U.S. bachelor's only when AICTE-approved and requiring a three-year bachelor's for admission. The petitioner did not show the PGD was AICTE-accredited at the relevant time or that the entrance requirement was a three-year bachelor's degree when the beneficiary enrolled. The credential evaluations, though advisory, did not cure these deficiencies.
AAO reversed the director's finding, concluding that the letters were either too vague, focused on skills and abilities rather than contributions, discussed work done in a different capacity (designer vs. artistic director), or failed to articulate how contributions had major significance in the field.
为什么值得参考
区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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AAO reversed the director's finding, concluding that the letters were either too vague, focused on skills and abilities rather than contributions, discussed work done in a different capacity (designer vs. artistic director), or failed to articulate how contributions had major significance in the field.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
The petitioner failed to provide evidence of the beneficiary's claimed membership, the website pages lacked a certified translation, the membership requirements described ('established track record' and 'exemplary work') do not rise to the level of 'outstanding achievements,' and the criterion requires membership in qualifying associations in the plural.
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The petitioner failed to provide evidence of the beneficiary's claimed membership, the website pages lacked a certified translation, the membership requirements described ('established track record' and 'exemplary work') do not rise to the level of 'outstanding achievements,' and the criterion requires membership in qualifying associations in the plural.
AAO affirmed that a three-year diploma does not meet the four-year baccalaureate standard per Matter of Shah, and that the professional accounting membership is issued by a membership organization—not a college or university—and is therefore not a 'foreign equivalent degree' regardless of its academic comparability under EDGE.…
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AAO affirmed that a three-year diploma does not meet the four-year baccalaureate standard per Matter of Shah, and that the professional accounting membership is issued by a membership organization—not a college or university—and is therefore not a 'foreign equivalent degree' regardless of its academic comparability under EDGE. The four credential evaluations were given little probative weight because none reconciled the absence of four years of degree-granting institution study.
The W-2s contradict the claimed salary, showing roughly $55,703 average for full work years — about $12,000 below the prevailing wage for top-tier farm managers — and the inconsistency was not resolved by independent evidence.
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The W-2s contradict the claimed salary, showing roughly $55,703 average for full work years — about $12,000 below the prevailing wage for top-tier farm managers — and the inconsistency was not resolved by independent evidence.
specific skills requirements per labor certification (CPA/CIA, software)
AAO 为什么未被说服
The labor certification required a CPA or CIA certification and two years of experience with Conformus or Big 4 specialized audit software. The record contained no evidence the beneficiary possessed either requirement.
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The labor certification required a CPA or CIA certification and two years of experience with Conformus or Big 4 specialized audit software. The record contained no evidence the beneficiary possessed either requirement.