The AAO declined to consider the additional evidence submitted for the first time on appeal because the director had put the petitioner on notice of the deficiency and the petitioner failed to respond adequately to the RFE. Additionally, the appeal-stage evidence postdated the petition filing date.
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The AAO declined to consider the additional evidence submitted for the first time on appeal because the director had put the petitioner on notice of the deficiency and the petitioner failed to respond adequately to the RFE. Additionally, the appeal-stage evidence postdated the petition filing date.
New facts supported by affidavits or documentary evidence (8 C.F.R. § 103.5(a)(2))
AAO 为什么未被说服
The evidence submitted—two documents from the Armenian Hockey Federation referencing events no more recent than 1999—was not shown to be 'new' because counsel failed to explain why it could not have been discovered or presented at any of the three prior opportunities to submit evidence.
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The evidence submitted—two documents from the Armenian Hockey Federation referencing events no more recent than 1999—was not shown to be 'new' because counsel failed to explain why it could not have been discovered or presented at any of the three prior opportunities to submit evidence.
Ineffective assistance of counsel claim (Matter of Lozada requirements)
AAO 为什么未被说服
Counsel acknowledged the Lozada requirements but made no effort to comply with any of the three procedural requirements, instead stating an intent to comply at a future time. The AAO held that the requirements must be met at the time of filing, and the promise of future compliance is insufficient.
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Counsel acknowledged the Lozada requirements but made no effort to comply with any of the three procedural requirements, instead stating an intent to comply at a future time. The AAO held that the requirements must be met at the time of filing, and the promise of future compliance is insufficient.
Foreign educational equivalent acceptable per labor certification
AAO 为什么未被说服
USCIS must read the labor certification as completed and cannot ignore its plain language. Question 9 expressly states a foreign educational equivalent is not acceptable. The BALCA decision in Matter of HealthAmerica is distinguishable because it addressed a denied labor certification, not an approved one, and in any event BALCA precedents are not binding on USCIS.
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USCIS must read the labor certification as completed and cannot ignore its plain language. Question 9 expressly states a foreign educational equivalent is not acceptable. The BALCA decision in Matter of HealthAmerica is distinguishable because it addressed a denied labor certification, not an approved one, and in any event BALCA precedents are not binding on USCIS.
Beneficiary's field of study matches labor certification requirement
AAO 为什么未被说服
The beneficiary's degree is in mechanical engineering, but the labor certification requires a business administration degree, and the petitioner specifically noted that a degree in an alternate field of study was not acceptable.
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The beneficiary's degree is in mechanical engineering, but the labor certification requires a business administration degree, and the petitioner specifically noted that a degree in an alternate field of study was not acceptable.
Sixty months of experience in offered job or alternative executive-level occupation
AAO 为什么未被说服
The AAO found only 21 months of qualifying executive-level experience (with one prior employer), as positions as claims adjustment department manager, administrative manager, and assistant manager constituted managerial rather than executive capacity.…
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The AAO found only 21 months of qualifying executive-level experience (with one prior employer), as positions as claims adjustment department manager, administrative manager, and assistant manager constituted managerial rather than executive capacity. The beneficiary's self-employment as president of a very small company with minimal revenue and no meaningful organizational structure could not qualify as an executive-level position, and the supporting letters lacked specific and detailed duty descriptions.
The AAO found the apparent date discrepancy was likely a product of repeated photocopying rather than a material discrepancy, and concluded the beneficiary possesses the foreign equivalent of a U.S. bachelor's degree in mechanical engineering.
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The AAO found the apparent date discrepancy was likely a product of repeated photocopying rather than a material discrepancy, and concluded the beneficiary possesses the foreign equivalent of a U.S. bachelor's degree in mechanical engineering.
Motion to reopen — new facts supported by evidence (8 C.F.R. § 103.5(a)(2))
AAO 为什么未被说服
Petitioner re-presented previously submitted or available evidence and unsupported assertions of counsel; the inability of his spouse to retrieve documents from Kathmandu was not credible given his I-485 statements, and no genuinely new evidence was offered.
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Petitioner re-presented previously submitted or available evidence and unsupported assertions of counsel; the inability of his spouse to retrieve documents from Kathmandu was not credible given his I-485 statements, and no genuinely new evidence was offered.
AAO did not address the merits of this prong because the appeal was summarily dismissed for failure to specifically identify errors in the director's decision.
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AAO did not address the merits of this prong because the appeal was summarily dismissed for failure to specifically identify errors in the director's decision.
beneficiary possesses required degree in designated field
AAO 为什么未被说服
The beneficiary's three-year Bachelor of Commerce is not equivalent to a U.S. bachelor's degree per AACRAO EDGE and Matter of Shah. The BSc Honours is equivalent to a U.S. bachelor's degree but is in computer science, which is not among the required fields (business administration, commerce, finance, or related field) and the beneficiary took no courses in those subjects.
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The beneficiary's three-year Bachelor of Commerce is not equivalent to a U.S. bachelor's degree per AACRAO EDGE and Matter of Shah. The BSc Honours is equivalent to a U.S. bachelor's degree but is in computer science, which is not among the required fields (business administration, commerce, finance, or related field) and the beneficiary took no courses in those subjects.