AAO found no Sonegawa-type facts warranting a favorable totality-of-circumstances finding. Counsel's broad assertion of economic recession impact was unsupported by documentary evidence. Pending work contracts and anticipated future growth could not substitute for demonstrated ability as of the priority date. Unaudited financial statements were rejected as insufficient under the regulation.
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AAO found no Sonegawa-type facts warranting a favorable totality-of-circumstances finding. Counsel's broad assertion of economic recession impact was unsupported by documentary evidence. Pending work contracts and anticipated future growth could not substitute for demonstrated ability as of the priority date. Unaudited financial statements were rejected as insufficient under the regulation.
The 2009 Form 1065 showed net income of -$340,908 and net current assets of -$372,961, both insufficient. The AAO rejected each alternative argument: depreciation may not be added back; unaudited financial statements are not reliable; lines of credit are not available funds; bank statements are not enumerated evidence; anticipated income is speculative; and the petitioner did not establish that 2009 losses were uncharacteri…
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The 2009 Form 1065 showed net income of -$340,908 and net current assets of -$372,961, both insufficient. The AAO rejected each alternative argument: depreciation may not be added back; unaudited financial statements are not reliable; lines of credit are not available funds; bank statements are not enumerated evidence; anticipated income is speculative; and the petitioner did not establish that 2009 losses were uncharacteristic. No facts paralleling the Sonegawa exception were shown.
The employment letters submitted are internally contradictory, conflict with the beneficiary's own representations on the ETA Form 9089, and include unexplained overlapping employment periods. These unresolved inconsistencies render the letters unpersuasive, and the beneficiary's qualifying experience cannot be confirmed.
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The employment letters submitted are internally contradictory, conflict with the beneficiary's own representations on the ETA Form 9089, and include unexplained overlapping employment periods. These unresolved inconsistencies render the letters unpersuasive, and the beneficiary's qualifying experience cannot be confirmed.
Ability to pay the proffered wage since the priority date
证据为何得到认可
The AAO found the submitted 2011 tax return and officer affidavits sufficient to establish that the petitioner more likely than not has the continuing ability to pay the proffered wage of $130,000 since the priority date of May 27, 2011.
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The AAO found the submitted 2011 tax return and officer affidavits sufficient to establish that the petitioner more likely than not has the continuing ability to pay the proffered wage of $130,000 since the priority date of May 27, 2011.
Counsel did not challenge the director's conclusion on appeal, so the AAO considered the issue abandoned. AAO also noted independently that the plain language requires plural 'prizes or awards' and a single award does not satisfy the criterion.
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Counsel did not challenge the director's conclusion on appeal, so the AAO considered the issue abandoned. AAO also noted independently that the plain language requires plural 'prizes or awards' and a single award does not satisfy the criterion.
The petitioner's wages of $138,578 (2008) and $146,524 (2009) significantly exceeded the 90th percentile annualized wage of $101,878 for entertainers in Nevada, establishing qualifying evidence under this criterion.
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The petitioner's wages of $138,578 (2008) and $146,524 (2009) significantly exceeded the 90th percentile annualized wage of $101,878 for entertainers in Nevada, establishing qualifying evidence under this criterion.
The petitioner earned $145,293–$146,321 annually, significantly more than the annualized 90th percentile wage of $101,878 for entertainers in Nevada, satisfying the high salary criterion.
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The petitioner earned $145,293–$146,321 annually, significantly more than the annualized 90th percentile wage of $101,878 for entertainers in Nevada, satisfying the high salary criterion.
salary or remuneration demonstrating exceptional ability
AAO 为什么未被说服
The tax documents did not establish the source of the income or show how much was salary versus other income, and the petitioner submitted no evidence that the beneficiary's earnings as an executive demonstrate exceptional ability.
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The tax documents did not establish the source of the income or show how much was salary versus other income, and the petitioner submitted no evidence that the beneficiary's earnings as an executive demonstrate exceptional ability.
The AAO found on de novo review that merely holding an advanced degree is not the standard; the degree must be academically appropriate to the petitioned profession. The beneficiary's degrees in Education and Law were not shown to be required for or appropriate to her intended duties as a chief executive of a multi-service provider.
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The AAO found on de novo review that merely holding an advanced degree is not the standard; the degree must be academically appropriate to the petitioned profession. The beneficiary's degrees in Education and Law were not shown to be required for or appropriate to her intended duties as a chief executive of a multi-service provider.
The four business corporations (MCI, FedEx, HP-Compaq, Xerox) are not professional associations; the petitioner's business arrangements with them are not memberships. Only one actual professional association was documented initially, and the regulation requires membership in more than one association.…
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The four business corporations (MCI, FedEx, HP-Compaq, Xerox) are not professional associations; the petitioner's business arrangements with them are not memberships. Only one actual professional association was documented initially, and the regulation requires membership in more than one association. The associate membership added in the RFE response was not shown to have existed at filing and did not require professional credentials.