beneficiary meets educational requirements of labor certification
证据为何得到认可
Relying on the EDGE database, AAO found the beneficiary's Indian MBBS degrees equivalent to a U.S. M.D. — a first professional degree in medicine — satisfying Lines 4-A, 4-B, and 9 of the labor certification, and noted the foreign medical degree may qualify as an advanced degree under section 203(b)(2).
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Relying on the EDGE database, AAO found the beneficiary's Indian MBBS degrees equivalent to a U.S. M.D. — a first professional degree in medicine — satisfying Lines 4-A, 4-B, and 9 of the labor certification, and noted the foreign medical degree may qualify as an advanced degree under section 203(b)(2).
The beneficiary's two-year B.S. degree does not constitute a foreign equivalent degree to a U.S. baccalaureate degree, and the record does not establish he completed the Bachelor of Commerce program. Even two combined two-year degrees would not satisfy the single foreign equivalent degree requirement. The credentials evaluator's opinion was not supported by the documentary evidence and was given little weight.
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The beneficiary's two-year B.S. degree does not constitute a foreign equivalent degree to a U.S. baccalaureate degree, and the record does not establish he completed the Bachelor of Commerce program. Even two combined two-year degrees would not satisfy the single foreign equivalent degree requirement. The credentials evaluator's opinion was not supported by the documentary evidence and was given little weight.
Beneficiary meets job requirements on labor certification
AAO 为什么未被说服
The ETA Form 9089 required a bachelor's degree (or foreign equivalent) in accounting, mathematics, or finance, plus five years of experience, with no alternate combination permitted. The beneficiary lacks a qualifying degree in any of the listed fields and therefore does not meet the labor certification requirements.
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The ETA Form 9089 required a bachelor's degree (or foreign equivalent) in accounting, mathematics, or finance, plus five years of experience, with no alternate combination permitted. The beneficiary lacks a qualifying degree in any of the listed fields and therefore does not meet the labor certification requirements.
Only counsel signed Form I-140; the petitioning employer did not. The regulations do not permit an attorney to sign on behalf of a U.S. employer, and a power of attorney does not cure this defect.
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Only counsel signed Form I-140; the petitioning employer did not. The regulations do not permit an attorney to sign on behalf of a U.S. employer, and a power of attorney does not cure this defect.
The beneficiary's 2008 W-2 wages of $11,633.68 were far below the proffered wage of $41,933.00, leaving a gap of $30,299.32. No W-2 was submitted for 2007, and an inconsistency existed regarding whether the beneficiary was even employed in 2007. The 2008 net income of $16,757.57 was also insufficient to cover the proffered wage.…
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The beneficiary's 2008 W-2 wages of $11,633.68 were far below the proffered wage of $41,933.00, leaving a gap of $30,299.32. No W-2 was submitted for 2007, and an inconsistency existed regarding whether the beneficiary was even employed in 2007. The 2008 net income of $16,757.57 was also insufficient to cover the proffered wage. The totality of circumstances did not parallel the exceptional business disruption in Sonegawa, and the petitioner's multiple I-129/I-140 filings for other beneficiaries further undermined its ability to pay.
Continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
Net income was negative in 2004 and 2007 and insufficient in 2005; net current assets were insufficient in 2004 and 2007; owner's personal assets cannot be attributed to the corporation as a separate legal entity; totality of circumstances under Sonegawa does not support ability to pay given declining gross receipts, no evidence of business reputation or growth, and failure to document wages paid to the beneficiary.
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Net income was negative in 2004 and 2007 and insufficient in 2005; net current assets were insufficient in 2004 and 2007; owner's personal assets cannot be attributed to the corporation as a separate legal entity; totality of circumstances under Sonegawa does not support ability to pay given declining gross receipts, no evidence of business reputation or growth, and failure to document wages paid to the beneficiary.
The petitioner submitted only emails showing requests to review manuscripts, not primary evidence that she actually completed any reviews. Additionally, one item post-dated the filing and could not establish eligibility. The emails were insufficient to show formal participation as a judge of the work of others.
为什么值得参考
了解评审邀请、已完成任务及评审性质如何被记录和衡量。
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The petitioner submitted only emails showing requests to review manuscripts, not primary evidence that she actually completed any reviews. Additionally, one item post-dated the filing and could not establish eligibility. The emails were insufficient to show formal participation as a judge of the work of others.
The petitioner's 73 total citations were modest and did not demonstrate major significance. Conference presentations, participation in research projects, and recommendation letters failed to show that contributions already had a major impact on the field. Letters largely speculated about future impact rather than documenting present recognition.
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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The petitioner's 73 total citations were modest and did not demonstrate major significance. Conference presentations, participation in research projects, and recommendation letters failed to show that contributions already had a major impact on the field. Letters largely speculated about future impact rather than documenting present recognition.
membership in associations requiring outstanding achievements
AAO 为什么未被说服
AAO agreed with the director. Neither ACRIP nor HBSP demonstrated membership requirements based on outstanding achievements as judged by recognized national or international experts. Evidence for ACRIP failed to discuss membership requirements, and HBSP evidence only showed a completed e-learning program.
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AAO agreed with the director. Neither ACRIP nor HBSP demonstrated membership requirements based on outstanding achievements as judged by recognized national or international experts. Evidence for ACRIP failed to discuss membership requirements, and HBSP evidence only showed a completed e-learning program.
published material about the alien in professional or major trade publications or other major media
AAO 为什么未被说服
AAO found that the Gerente Magazine articles used partial translations and were not primarily about the petitioner. The gestionhumana.com postings were material authored by the petitioner, not about him, lacked required title/date information, and the petitioner failed to show the website was major media.
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AAO found that the Gerente Magazine articles used partial translations and were not primarily about the petitioner. The gestionhumana.com postings were material authored by the petitioner, not about him, lacked required title/date information, and the petitioner failed to show the website was major media.