AAO found the work of a single instructor teaching local students did not have national scope; benefits were largely limited to individual students at his Tennessee academy.
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AAO found the work of a single instructor teaching local students did not have national scope; benefits were largely limited to individual students at his Tennessee academy.
The AAO did not reach the merits; it dismissed the appeal because the petitioner failed to respond to the AAO's RFE requesting financial evidence necessary to adjudicate the appeal.
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The AAO did not reach the merits; it dismissed the appeal because the petitioner failed to respond to the AAO's RFE requesting financial evidence necessary to adjudicate the appeal.
ETA Form 9089 requires a professional holding an advanced degree or the equivalent
AAO 为什么未被说服
Because the labor certification accepts a bachelor's degree assembled from a combination of education, certificates, and training plus five years of experience, it does not require an advanced degree professional under 8 C.F.R. § 204.5(k)(4).
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Because the labor certification accepts a bachelor's degree assembled from a combination of education, certificates, and training plus five years of experience, it does not require an advanced degree professional under 8 C.F.R. § 204.5(k)(4).
beneficiary's foreign degree equivalency to U.S. bachelor's
AAO 为什么未被说服
AAO indicated in a footnote that the beneficiary's three-year Indian bachelor's degree plus post-graduate diploma had not been established to be the equivalent of a U.S. bachelor's degree, so even on the merits the beneficiary would not meet the labor certification or advanced degree professional requirements.
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AAO indicated in a footnote that the beneficiary's three-year Indian bachelor's degree plus post-graduate diploma had not been established to be the equivalent of a U.S. bachelor's degree, so even on the merits the beneficiary would not meet the labor certification or advanced degree professional requirements.
AAO found all three elements satisfied: false representations made through submission of falsified documents, willfulness established by the petitioner's signature under penalty of perjury and the impossibility of mistakenly authoring others' books, and materiality because the falsified documents bore on the petitioner's record in his field for NIW purposes.
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AAO found all three elements satisfied: false representations made through submission of falsified documents, willfulness established by the petitioner's signature under penalty of perjury and the impossibility of mistakenly authoring others' books, and materiality because the falsified documents bore on the petitioner's record in his field for NIW purposes.
beneficiary meets minimum education stated on labor certification
AAO 为什么未被说服
AAO's database review suggested the beneficiary's foreign credentials did not equate to the required U.S. degree, and the petitioner failed to respond to AAO's NOID with contrary evidence.
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AAO's database review suggested the beneficiary's foreign credentials did not equate to the required U.S. degree, and the petitioner failed to respond to AAO's NOID with contrary evidence.
Beneficiary qualifications as of priority date (J.D. or foreign equivalent)
证据为何得到认可
On de novo review, the AAO concluded that the petitioner established the beneficiary more likely than not possessed the requisite education credentials as of the priority date.
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On de novo review, the AAO concluded that the petitioner established the beneficiary more likely than not possessed the requisite education credentials as of the priority date.
Ability to pay proffered wages across simultaneously pending petitions
AAO 为什么未被说服
USCIS records showed more than 190 petitions filed by the petitioner. A gross revenue statement alone was insufficient to demonstrate the ability to pay wages to all beneficiaries of the many simultaneously pending petitions.
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USCIS records showed more than 190 petitions filed by the petitioner. A gross revenue statement alone was insufficient to demonstrate the ability to pay wages to all beneficiaries of the many simultaneously pending petitions.
The former employer's letter confirmed employment dates but lacked a specific description of job duties. Letters from co-workers were not from a 'former employer' as required by regulation, and their unavailability was not established. Even if considered, those letters only covered portions of the claimed five-year period and did not specifically describe duties.
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The former employer's letter confirmed employment dates but lacked a specific description of job duties. Letters from co-workers were not from a 'former employer' as required by regulation, and their unavailability was not established. Even if considered, those letters only covered portions of the claimed five-year period and did not specifically describe duties.