beneficiary possesses qualifications stated on ETA Form 9089
AAO 为什么未被说服
Part H of the ETA Form 9089 required a master's degree with no alternative education-experience combination, and because the beneficiary's foreign education equates only to a U.S. bachelor's degree, the petitioner did not establish the beneficiary met the labor certification's stated requirements.
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Part H of the ETA Form 9089 required a master's degree with no alternative education-experience combination, and because the beneficiary's foreign education equates only to a U.S. bachelor's degree, the petitioner did not establish the beneficiary met the labor certification's stated requirements.
beneficiary possesses minimum education stated on labor certification
AAO 为什么未被说服
The AAO agreed with the director, preferring EDGE's juried opinion that the Indian Master of Science is comparable only to a U.S. bachelor's degree, and rejecting the petitioner's inconsistent credential evaluations.
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The AAO agreed with the director, preferring EDGE's juried opinion that the Indian Master of Science is comparable only to a U.S. bachelor's degree, and rejecting the petitioner's inconsistent credential evaluations.
Ability to pay via wages actually paid to beneficiary
AAO 为什么未被说服
The beneficiary received $64,249.92 in 2008 and 2009, and $58,895.76 in 2010 — all below the proffered wage — so the petitioner did not establish prima facie ability to pay through wages paid.
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The beneficiary received $64,249.92 in 2008 and 2009, and $58,895.76 in 2010 — all below the proffered wage — so the petitioner did not establish prima facie ability to pay through wages paid.
Ability to pay via totality of circumstances / overall business magnitude
AAO 为什么未被说服
The Dun & Bradstreet reports did not address the 2008 or early 2009 period; future earnings projections cannot overcome documented inability to pay at the priority date per Matter of Great Wall; and the sharp increase in gross receipts did not explain the very low net income figures. The petitioner also failed to address a second pending I-140 for another beneficiary with the same proffered wage.
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The Dun & Bradstreet reports did not address the 2008 or early 2009 period; future earnings projections cannot overcome documented inability to pay at the priority date per Matter of Great Wall; and the sharp increase in gross receipts did not explain the very low net income figures. The petitioner also failed to address a second pending I-140 for another beneficiary with the same proffered wage.
Labor certification supports advanced degree professional classification
AAO 为什么未被说服
Because Part H.14 of the labor certification allows the bachelor's degree requirement to be met by a combination of degrees and/or certifications, the job offer does not require a full bachelor's degree plus five years of progressive experience, and thus cannot support the EB-2 advanced degree professional category.
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Because Part H.14 of the labor certification allows the bachelor's degree requirement to be met by a combination of degrees and/or certifications, the job offer does not require a full bachelor's degree plus five years of progressive experience, and thus cannot support the EB-2 advanced degree professional category.
The appellate brief did not point to any specific error in the director's analysis and offered no directed argument, so the AAO deemed this issue abandoned.
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The appellate brief did not point to any specific error in the director's analysis and offered no directed argument, so the AAO deemed this issue abandoned.
Net income was -$24,913 in 2009 and $95,908 in 2010, both insufficient relative to the $121,430 proffered wage. The petitioner's officer compensation argument was rejected because no sworn affidavit was provided showing the sole shareholder agreed to forego compensation, and a Form W-2 was discredited due to an unresolved inconsistency with the 2010 Form 1120S.…
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Net income was -$24,913 in 2009 and $95,908 in 2010, both insufficient relative to the $121,430 proffered wage. The petitioner's officer compensation argument was rejected because no sworn affidavit was provided showing the sole shareholder agreed to forego compensation, and a Form W-2 was discredited due to an unresolved inconsistency with the 2010 Form 1120S. Counting Schedule K income separately would constitute double-counting.