ability to pay proffered wage from priority date forward
AAO 为什么未被说服
AAO found the director's denial was premature because it relied on pre-priority-date evidence; the record lacked compliant post-priority-date financial evidence that was unavailable at the time of adjudication, warranting remand.
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AAO found the director's denial was premature because it relied on pre-priority-date evidence; the record lacked compliant post-priority-date financial evidence that was unavailable at the time of adjudication, warranting remand.
AAO found the petitioner submitted sufficient documentary evidence to establish the plain language of the membership criterion, withdrawing the director's decision on this point.
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AAO found the petitioner submitted sufficient documentary evidence to establish the plain language of the membership criterion, withdrawing the director's decision on this point.
AAO found the director erred in concluding no evidence had been submitted — counsel had claimed eligibility and referred to documentation. A review of performance programs and recommendation letters showed the petitioner performed in leading or critical roles for more than one organization with distinguished reputations, satisfying the plain language of the regulation.…
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AAO found the director erred in concluding no evidence had been submitted — counsel had claimed eligibility and referred to documentation. A review of performance programs and recommendation letters showed the petitioner performed in leading or critical roles for more than one organization with distinguished reputations, satisfying the plain language of the regulation. AAO also rejected reliance on the prior Nebraska Service Center finding as non-binding.
Job offer requires professional holding an advanced degree
AAO 为什么未被说服
The labor certification permits the five years of experience to be gained before the degree, which fails the regulatory requirement under 8 C.F.R. § 204.5(k)(2) that progressive experience must follow the baccalaureate degree to establish master's-degree equivalency.
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The labor certification permits the five years of experience to be gained before the degree, which fails the regulatory requirement under 8 C.F.R. § 204.5(k)(2) that progressive experience must follow the baccalaureate degree to establish master's-degree equivalency.
single foreign equivalent degree to U.S. baccalaureate
AAO 为什么未被说服
AAO found EDGE's recognition that the IEI Associate Certificate represents a level of education comparable to a U.S. bachelor's degree did not satisfy the regulatory requirement for an official college or university record, because IEI is not an academic institution that confers a degree.
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AAO found EDGE's recognition that the IEI Associate Certificate represents a level of education comparable to a U.S. bachelor's degree did not satisfy the regulatory requirement for an official college or university record, because IEI is not an academic institution that confers a degree.
advanced degree or foreign equivalent (single bachelor's degree requirement)
AAO 为什么未被说服
AAO concluded the beneficiary holds only an associate's degree; the experience-to-education equivalence used by the evaluator applies only to H-1B nonimmigrant petitions, not immigrant EB-2 petitions, which require a single foreign equivalent degree.
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AAO concluded the beneficiary holds only an associate's degree; the experience-to-education equivalence used by the evaluator applies only to H-1B nonimmigrant petitions, not immigrant EB-2 petitions, which require a single foreign equivalent degree.
Beneficiary qualifications met as of priority date
AAO 为什么未被说服
The two experience letters submitted on appeal did not include specific employment dates or sufficient descriptions of job duties, and therefore failed to demonstrate that the beneficiary had the required five years of prior experience as of the priority date.
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The two experience letters submitted on appeal did not include specific employment dates or sufficient descriptions of job duties, and therefore failed to demonstrate that the beneficiary had the required five years of prior experience as of the priority date.