AAO found the wages paid fell short of the proffered wage in 2009, net income was negative, net current assets were negative, and the totality of circumstances did not parallel Sonegawa.
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AAO found the wages paid fell short of the proffered wage in 2009, net income was negative, net current assets were negative, and the totality of circumstances did not parallel Sonegawa.
three months experience as project architect or as technical assistant/façade engineer
AAO 为什么未被说服
The university supervisor's letter was discounted because he was not employed at Façade Consulting & Engineering, and the employer letter only documented 12 hours/week part-time over 13 months, which AAO held did not satisfy the 3-month experience requirement.
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The university supervisor's letter was discounted because he was not employed at Façade Consulting & Engineering, and the employer letter only documented 12 hours/week part-time over 13 months, which AAO held did not satisfy the 3-month experience requirement.
AAO held the plain language of the labor certification requires a bachelor's degree or foreign educational equivalent and that the beneficiary's combined credentials do not satisfy that requirement.
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AAO held the plain language of the labor certification requires a bachelor's degree or foreign educational equivalent and that the beneficiary's combined credentials do not satisfy that requirement.
The petitioner's 2009 Form 1120S showed net income of -$67 and net current assets of -$137,510. Adding back depreciation is improper under River Street Donuts and Chi-Feng Chang. The cash balance is already included as a current asset in the net current assets calculation and is not a separate funding source. Totality of circumstances did not rise to the Sonegawa standard.
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The petitioner's 2009 Form 1120S showed net income of -$67 and net current assets of -$137,510. Adding back depreciation is improper under River Street Donuts and Chi-Feng Chang. The cash balance is already included as a current asset in the net current assets calculation and is not a separate funding source. Totality of circumstances did not rise to the Sonegawa standard.
Official academic record establishing required degree
AAO 为什么未被说服
AAO raised this issue sua sponte on appeal. Only translations of the diploma and transcript were in the record; no original official academic record was submitted as required by 8 C.F.R. § 204.5(k)(3)(i)(A).
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AAO raised this issue sua sponte on appeal. Only translations of the diploma and transcript were in the record; no original official academic record was submitted as required by 8 C.F.R. § 204.5(k)(3)(i)(A).
Wages paid to beneficiary equal to or exceeding proffered wage
AAO 为什么未被说服
The 2008 Form 1040 did not demonstrate wages paid by the petitioner specifically. The 2009 W-2 showed wages of $30,081.71, well below the proffered wage of $72,970. The 2010 W-2 exceeded the proffered wage but did not cure the earlier deficiencies.
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The 2008 Form 1040 did not demonstrate wages paid by the petitioner specifically. The 2009 W-2 showed wages of $30,081.71, well below the proffered wage of $72,970. The 2010 W-2 exceeded the proffered wage but did not cure the earlier deficiencies.
Totality of circumstances (Matter of Sonegawa analysis)
AAO 为什么未被说服
The AAO found no facts paralleling those in Sonegawa sufficient to establish ability to pay. The claim that the petitioner employed 100+ workers was inconsistent with the 48 workers stated on the Form I-140, unaudited financial statements were legally insufficient, and the unaudited 2009 statements themselves showed negative net income and net current assets.
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The AAO found no facts paralleling those in Sonegawa sufficient to establish ability to pay. The claim that the petitioner employed 100+ workers was inconsistent with the 48 workers stated on the Form I-140, unaudited financial statements were legally insufficient, and the unaudited 2009 statements themselves showed negative net income and net current assets.
For the fiscal year 2008, the petitioner's Form 1120 showed net income of -$1,547,999 (C corp period) and the Form 1120S showed net income of -$261,719 (S corp period), both deeply negative. No 2009 tax returns were provided.
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For the fiscal year 2008, the petitioner's Form 1120 showed net income of -$1,547,999 (C corp period) and the Form 1120S showed net income of -$261,719 (S corp period), both deeply negative. No 2009 tax returns were provided.
Beneficiary meets minimum education/experience requirements of labor certification as of priority date
证据为何得到认可
After reviewing the full record including appeal-stage evidence, AAO found that the petitioner met its burden of establishing the beneficiary satisfied the labor certification's educational and experience requirements as of the July 30, 2008 priority date.
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After reviewing the full record including appeal-stage evidence, AAO found that the petitioner met its burden of establishing the beneficiary satisfied the labor certification's educational and experience requirements as of the July 30, 2008 priority date.