The petitioner's filing omitted the required statement about whether the unfavorable decision has been or is the subject of any judicial proceeding, as required by 8 C.F.R. § 103.5(a)(1)(iii)(C).
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The petitioner's filing omitted the required statement about whether the unfavorable decision has been or is the subject of any judicial proceeding, as required by 8 C.F.R. § 103.5(a)(1)(iii)(C).
A motion to reopen must state new facts and be supported by new evidence. Counsel stated no new facts and the only submitted document (the FedEx airbill) was already in the record. Repeating information already in the record does not satisfy the requirements of a motion to reopen.
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A motion to reopen must state new facts and be supported by new evidence. Counsel stated no new facts and the only submitted document (the FedEx airbill) was already in the record. Repeating information already in the record does not satisfy the requirements of a motion to reopen.
Motion to Reconsider — incorrect application of law or policy
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The AAO analyzed the cited case law and found that the petitioner's situation closely resembles Matter of Liadov — an 'eleventh hour' filing sent the day before the deadline with a delivery that was a few days late — rather than the more compelling facts of Oh v. Gonzales (filed six days early, delivered 20 days late).…
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The AAO analyzed the cited case law and found that the petitioner's situation closely resembles Matter of Liadov — an 'eleventh hour' filing sent the day before the deadline with a delivery that was a few days late — rather than the more compelling facts of Oh v. Gonzales (filed six days early, delivered 20 days late). The cited case law establishes only that the appellate authority must consider whether extraordinary or unique circumstances exist; it does not compel acceptance of untimely appeals, and the petitioner did not demonstrate such circumstances here.
Job offer requires advanced degree or exceptional ability equivalent
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The Form ETA 750 requires only a bachelor's degree and two years of experience, falling short of the advanced degree requirement. The attempt to change the classification on appeal is an impermissible material change, not a clerical correction, as evidenced by the petitioner's own support letter explicitly seeking advanced degree classification.
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The Form ETA 750 requires only a bachelor's degree and two years of experience, falling short of the advanced degree requirement. The attempt to change the classification on appeal is an impermissible material change, not a clerical correction, as evidenced by the petitioner's own support letter explicitly seeking advanced degree classification.
foreign equivalent degree to U.S. baccalaureate (or advanced degree)
AAO 为什么未被说服
AAO confirmed that neither the two-year BS nor the two-year MPA from Pakistan constitutes a foreign equivalent to a four-year U.S. baccalaureate; combining them does not produce a single foreign equivalent degree as required by regulation. AACRAO/EDGE data confirmed the Pakistani degrees are each comparable to only two to three years of U.S. university study.…
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AAO confirmed that neither the two-year BS nor the two-year MPA from Pakistan constitutes a foreign equivalent to a four-year U.S. baccalaureate; combining them does not produce a single foreign equivalent degree as required by regulation. AACRAO/EDGE data confirmed the Pakistani degrees are each comparable to only two to three years of U.S. university study. The credentials evaluations were given little weight because they improperly combined the two degrees.
beneficiary meets labor certification educational and experience requirements
AAO 为什么未被说服
AAO agreed the beneficiary lacked a foreign equivalent degree to either the required master's or bachelor's in business administration. While the beneficiary's work experience was accepted as meeting the experience prong, the absence of a qualifying educational credential under either the primary or alternate combination pathway was fatal to qualification under the labor certification.
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AAO agreed the beneficiary lacked a foreign equivalent degree to either the required master's or bachelor's in business administration. While the beneficiary's work experience was accepted as meeting the experience prong, the absence of a qualifying educational credential under either the primary or alternate combination pathway was fatal to qualification under the labor certification.