Beneficiary meets minimum education requirement on labor certification
AAO 为什么未被说服
AAO relied on AACRAO EDGE to conclude that the beneficiary's Indian credentials — a three-year bachelor's degree, a master's degree, and a post-graduate diploma — amount to at most a U.S. bachelor's degree equivalent, which is below the master's degree required by the labor certification. The private credential evaluations were given less weight as they conflicted with EDGE's authoritative information.
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AAO relied on AACRAO EDGE to conclude that the beneficiary's Indian credentials — a three-year bachelor's degree, a master's degree, and a post-graduate diploma — amount to at most a U.S. bachelor's degree equivalent, which is below the master's degree required by the labor certification. The private credential evaluations were given less weight as they conflicted with EDGE's authoritative information.
The Form ETA 750 requires only a Bachelor of Science degree, which does not satisfy the advanced degree requirement. The petitioner's attempt to amend the petition classification to skilled worker was impermissible because material changes cannot be made to cure a deficient petition.
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The Form ETA 750 requires only a Bachelor of Science degree, which does not satisfy the advanced degree requirement. The petitioner's attempt to amend the petition classification to skilled worker was impermissible because material changes cannot be made to cure a deficient petition.
Petitioner did not pay the proffered wage each year and refused to provide evidence about simultaneously pending petitions for approximately 70 other I-140 beneficiaries and hundreds of I-129 petitions, which was necessary to evaluate net income and the bona fides of the job offer. Failure to provide requested evidence precludes a material line of inquiry and is grounds for denial.
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Petitioner did not pay the proffered wage each year and refused to provide evidence about simultaneously pending petitions for approximately 70 other I-140 beneficiaries and hundreds of I-129 petitions, which was necessary to evaluate net income and the bona fides of the job offer. Failure to provide requested evidence precludes a material line of inquiry and is grounds for denial.
Beneficiary meets minimum education requirement of labor certification
AAO 为什么未被说服
AACRAO EDGE states that the Indian Master of Science represents attainment comparable to a U.S. bachelor's degree; the five submitted evaluations were unsubstantiated, not peer-reviewed, and failed to compare the beneficiary's education to a U.S. master's program. The labor certification required a master's degree with no alternate education-experience combination, so the beneficiary did not meet the requirements.
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AACRAO EDGE states that the Indian Master of Science represents attainment comparable to a U.S. bachelor's degree; the five submitted evaluations were unsubstantiated, not peer-reviewed, and failed to compare the beneficiary's education to a U.S. master's program. The labor certification required a master's degree with no alternate education-experience combination, so the beneficiary did not meet the requirements.
serves national interest to substantially greater degree than available U.S. worker
AAO 为什么未被说服
The AAO found that client satisfaction letters and essays did not demonstrate widespread recognition or substantial impact on the field. Counsel's assertions about government interest in the petitioner were unsupported by evidence, and the petitioner's contradictory claims about government employment vs. self-employment undermined his case.…
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理解除了希望自我申请之外，哪些与具体事业相关的事实会影响豁免分析。
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The AAO found that client satisfaction letters and essays did not demonstrate widespread recognition or substantial impact on the field. Counsel's assertions about government interest in the petitioner were unsupported by evidence, and the petitioner's contradictory claims about government employment vs. self-employment undermined his case. The petitioner had not shown what difference he made in the field, only that clients were satisfied with project-level work.
AAO found no continuity of ownership (different sole shareholders), no contract or agreement between the entities, and no evidence of what rights or obligations were transferred. OTI appeared to have simply picked up the business abandoned by the dissolved predecessor.
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AAO found no continuity of ownership (different sole shareholders), no contract or agreement between the entities, and no evidence of what rights or obligations were transferred. OTI appeared to have simply picked up the business abandoned by the dissolved predecessor.
ability to pay proffered wage from priority date to present
AAO 为什么未被说服
AAO found that the 2007 tax return did not establish ability to pay in that year on either net income or net current assets grounds; the beneficiary's actual employment covered only a fraction of the required period; no tax returns for 2008–2010 were provided; bank statements were an insufficient substitute; and OTI provided no financial evidence whatsoever.
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AAO found that the 2007 tax return did not establish ability to pay in that year on either net income or net current assets grounds; the beneficiary's actual employment covered only a fraction of the required period; no tax returns for 2008–2010 were provided; bank statements were an insufficient substitute; and OTI provided no financial evidence whatsoever.
AAO found no continuity of ownership (different sole shareholders), no contract or agreement between the entities, and no documentation showing what assets or obligations transferred. The two entities were never referenced in the same corporate document; OTI was incorporated without reference to the original petitioner, which was later dissolved without reference to OTI.
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AAO found no continuity of ownership (different sole shareholders), no contract or agreement between the entities, and no documentation showing what assets or obligations transferred. The two entities were never referenced in the same corporate document; OTI was incorporated without reference to the original petitioner, which was later dissolved without reference to OTI.