ETA Form 9089 requires advanced degree professional or equivalent
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AAO agreed with the director that the labor certification's minimum education requirement falls below the threshold for EB-2 advanced degree classification.
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AAO agreed with the director that the labor certification's minimum education requirement falls below the threshold for EB-2 advanced degree classification.
The beneficiary was paid well below the proffered wage in every year on record. The petitioner's net income was negative in 2007–2010, and net current assets were insufficient in 2008 and 2010 to cover the wage gap. Gross receipts and anticipated future income are legally irrelevant. Unaudited projected financial statements are not persuasive. Owner's personal assets cannot be attributed to the corporation.…
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The beneficiary was paid well below the proffered wage in every year on record. The petitioner's net income was negative in 2007–2010, and net current assets were insufficient in 2008 and 2010 to cover the wage gap. Gross receipts and anticipated future income are legally irrelevant. Unaudited projected financial statements are not persuasive. Owner's personal assets cannot be attributed to the corporation. Bank statements are not among the enumerated forms of evidence and cannot show sustainable ability to pay. The totality of circumstances under Sonegawa did not help the petitioner given its sustained massive losses.
Bona fide job offer / petitioner remains a viable business
AAO 为什么未被说服
AAO found online records indicating the petitioner's business was suspended in California. After issuing a notice to the petitioner and counsel and receiving no response within 30 days, AAO concluded that no bona fide job offer exists because the petitioner is no longer an active business.
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AAO found online records indicating the petitioner's business was suspended in California. After issuing a notice to the petitioner and counsel and receiving no response within 30 days, AAO concluded that no bona fide job offer exists because the petitioner is no longer an active business.
Beneficiary meets education and experience requirements of labor certification as of priority date
AAO 为什么未被说服
The AAO found that the beneficiary's master's degree was not awarded until over 14 months after the priority date, and his post-baccalaureate experience from his bachelor's degree date totaled only about three years and five months — well short of the five years required under the bachelor's degree alternative. The beneficiary therefore met neither qualifying combination under the labor certification.
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The AAO found that the beneficiary's master's degree was not awarded until over 14 months after the priority date, and his post-baccalaureate experience from his bachelor's degree date totaled only about three years and five months — well short of the five years required under the bachelor's degree alternative. The beneficiary therefore met neither qualifying combination under the labor certification.
Net current assets sufficient to pay proffered wage
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Net current assets were $8,541 in fiscal year 2009 and $11,500 in fiscal year 2010, with no current liabilities, leaving large shortfalls relative to the proffered wage.
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Net current assets were $8,541 in fiscal year 2009 and $11,500 in fiscal year 2010, with no current liabilities, leaving large shortfalls relative to the proffered wage.
Although the petitioner had been in business over thirty years and claimed to be replacing employees, it provided no evidence of reputation in health integration, uncharacteristic business expenditures, or historical growth. The replacement worker argument also failed because the petitioner did not document the position, duties, and termination of the replaced worker.…
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Although the petitioner had been in business over thirty years and claimed to be replacing employees, it provided no evidence of reputation in health integration, uncharacteristic business expenditures, or historical growth. The replacement worker argument also failed because the petitioner did not document the position, duties, and termination of the replaced worker. AAO concluded the totality of circumstances did not establish ability to pay.
Wages paid to beneficiary equal to or exceeding proffered wage
AAO 为什么未被说服
The beneficiary was paid $72,000, $24,000, and $72,000 in the relevant years, all below the proffered wage. Payments to a related corporation could not be attributed to the beneficiary because a corporation is a separate legal entity and the record lacked evidence the payments were wages to the beneficiary for individual services.
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The beneficiary was paid $72,000, $24,000, and $72,000 in the relevant years, all below the proffered wage. Payments to a related corporation could not be attributed to the beneficiary because a corporation is a separate legal entity and the record lacked evidence the payments were wages to the beneficiary for individual services.
The petitioner's net income was -$34,587 in fiscal year 2009 and $3,475 in fiscal year 2010, both far short of the proffered wage even when added to wages paid. Fiscal year 2008 tax returns were not submitted. Owner bank account statements are not among the enumerated types of evidence under 8 C.F.R.…
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The petitioner's net income was -$34,587 in fiscal year 2009 and $3,475 in fiscal year 2010, both far short of the proffered wage even when added to wages paid. Fiscal year 2008 tax returns were not submitted. Owner bank account statements are not among the enumerated types of evidence under 8 C.F.R. § 204.5(g)(2) and cannot show sustainable ability to pay; moreover, shareholder assets may not be used to establish a corporation's ability to pay.
leading or critical role for organizations with distinguished reputation
AAO 为什么未被说服
AAO found the supporting letters were conclusory or based on secondhand knowledge, did not show how the petitioner's roles fit within organizational hierarchies or impacted the organizations as a whole, and did not establish that ASF or ICCR had a distinguished reputation.
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AAO found the supporting letters were conclusory or based on secondhand knowledge, did not show how the petitioner's roles fit within organizational hierarchies or impacted the organizations as a whole, and did not establish that ASF or ICCR had a distinguished reputation.
AAO held that published material does not presumptively establish contributions of major significance and that the articles describe performances and cultural promotion but not significant impact on the field as a whole.
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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 held that published material does not presumptively establish contributions of major significance and that the articles describe performances and cultural promotion but not significant impact on the field as a whole.