Original contributions of major significance in the field
AAO 为什么未被说服
AAO found that none of the evidence identifies what specifically the petitioner contributed as an individual, as opposed to the creative team as a whole, and no evidence establishes that anything the petitioner did was original. Further, even if one contribution were found, the regulation requires contributions in the plural.
为什么值得参考
区分“工作具有原创性”与“原创贡献对整个领域具有重大意义”的证明。
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AAO found that none of the evidence identifies what specifically the petitioner contributed as an individual, as opposed to the creative team as a whole, and no evidence establishes that anything the petitioner did was original. Further, even if one contribution were found, the regulation requires contributions in the plural.
advanced degree or U.S. baccalaureate (or foreign equivalent) plus five years progressive experience
AAO 为什么未被说服
AAO agreed with the director: a three-year foreign degree is not a foreign equivalent to a U.S. bachelor's degree under Matter of Shah and EDGE, and NBCOT's licensure standards are not the standards for advanced degree professional classification under section 203(b)(2).
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO agreed with the director: a three-year foreign degree is not a foreign equivalent to a U.S. bachelor's degree under Matter of Shah and EDGE, and NBCOT's licensure standards are not the standards for advanced degree professional classification under section 203(b)(2).
Ability to pay the proffered wage from the priority date
AAO 为什么未被说服
The petitioner's net income was deeply negative in 2007 (-$14,874,000) and 2008 (-$4,821,000), and its net current assets were also negative in both years. The petitioner paid the beneficiary well below the proffered wage in 2008 and nothing in 2007. None of the petitioner's alternative arguments (Yates Memorandum, bank statements, lines of credit, CFO letter, wages to other employees) were sufficient.…
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利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The petitioner's net income was deeply negative in 2007 (-$14,874,000) and 2008 (-$4,821,000), and its net current assets were also negative in both years. The petitioner paid the beneficiary well below the proffered wage in 2008 and nothing in 2007. None of the petitioner's alternative arguments (Yates Memorandum, bank statements, lines of credit, CFO letter, wages to other employees) were sufficient. The Sonegawa totality-of-circumstances analysis also did not save the petition because no uncharacteristic loss or outstanding business reputation was shown.
Bachelor's degree in business administration or related field
AAO 为什么未被说服
AAO identified this as an additional ground of ineligibility not raised by the director. The beneficiary holds a degree in economics, which is a social science housed in a college of arts and sciences, whereas business administration is in a school of commerce/business. While there is some overlap, the record contained no evidence that economics is 'related' to business administration for purposes of the labor certification.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO identified this as an additional ground of ineligibility not raised by the director. The beneficiary holds a degree in economics, which is a social science housed in a college of arts and sciences, whereas business administration is in a school of commerce/business. While there is some overlap, the record contained no evidence that economics is 'related' to business administration for purposes of the labor certification.
60 months of progressive post-baccalaureate experience
证据为何得到认可
AAO found that the affidavit submitted on appeal sufficiently documented the beneficiary's 60 months of progressive post-baccalaureate experience, disagreeing with the director on this sub-issue.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO found that the affidavit submitted on appeal sufficiently documented the beneficiary's 60 months of progressive post-baccalaureate experience, disagreeing with the director on this sub-issue.
AAO found the wages paid did not match the proffered wage, the predecessor's net income was negative each year, and net current assets were insufficient. Assets of related entities or the sole shareholder cannot be considered.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO found the wages paid did not match the proffered wage, the predecessor's net income was negative each year, and net current assets were insufficient. Assets of related entities or the sole shareholder cannot be considered.
The ETA Form 9089 lists only a bachelor's degree and three years of experience as minimum requirements, which does not satisfy 8 C.F.R. § 204.5(k)(4). The petitioner cannot make material post-filing changes to correct the deficiency, and USCIS cannot ignore the terms of the labor certification.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The ETA Form 9089 lists only a bachelor's degree and three years of experience as minimum requirements, which does not satisfy 8 C.F.R. § 204.5(k)(4). The petitioner cannot make material post-filing changes to correct the deficiency, and USCIS cannot ignore the terms of the labor certification.