The petitioner's citation evidence was unreliable—self-serving lists with no indicia of origin, SciFinder documents that did not identify which article was cited, and copies of citing articles showing only moderate citations. Expert letters described future benefits rather than already-realized impact. The petitioner failed to document actual major significance of his contributions.
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 citation evidence was unreliable—self-serving lists with no indicia of origin, SciFinder documents that did not identify which article was cited, and copies of citing articles showing only moderate citations. Expert letters described future benefits rather than already-realized impact. The petitioner failed to document actual major significance of his contributions.
The petitioner's salary of $92,000 was compared only to average local San Diego salaries from Indeed.com, which is not a proper basis for comparison. The petitioner needed to show he commanded a high salary relative to top earners nationally in his field.
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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 salary of $92,000 was compared only to average local San Diego salaries from Indeed.com, which is not a proper basis for comparison. The petitioner needed to show he commanded a high salary relative to top earners nationally in his field.
AAO withdrew the director's determination and found the petitioner's 16 scholarly articles in qualifying publications met the plain language requirements of this criterion.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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AAO withdrew the director's determination and found the petitioner's 16 scholarly articles in qualifying publications met the plain language requirements of this criterion.
Net income and net current assets were both negative in 2005; wages paid to the beneficiary were below the proffered wage; the audited financial statement was rejected because it improperly mixed cash and accrual accounting methods; unaudited statements and bank statements were not among the permissible evidence types under 8 C.F.R. § 204.5(g)(2); and wages paid to a prior employee cannot be used to prove ability to pay.
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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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Net income and net current assets were both negative in 2005; wages paid to the beneficiary were below the proffered wage; the audited financial statement was rejected because it improperly mixed cash and accrual accounting methods; unaudited statements and bank statements were not among the permissible evidence types under 8 C.F.R. § 204.5(g)(2); and wages paid to a prior employee cannot be used to prove ability to pay.
Five years of pre-priority-date experience in proffered position
证据为何得到认可
AAO found the signed employment letters fully documented over five years (including a letter confirming employment from 1997 to 2000 plus over four additional years) of experience consistent with the alien employment certification, satisfying the requirement.
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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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AAO found the signed employment letters fully documented over five years (including a letter confirming employment from 1997 to 2000 plus over four additional years) of experience consistent with the alien employment certification, satisfying the requirement.
AAO points to gaps in the 2009 payroll record (April and May missing) as suggesting non-full-time employment, and instructs the petitioner in any further filings to resolve conflicts in the evidence of pay and dates of employment and to establish that the position is for a full-time worker.
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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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AAO points to gaps in the 2009 payroll record (April and May missing) as suggesting non-full-time employment, and instructs the petitioner in any further filings to resolve conflicts in the evidence of pay and dates of employment and to establish that the position is for a full-time worker.
Wages actually paid in 2008 ($24,080 per W-2) fell short of the prorated proffered wage; documentation contained unresolved discrepancies; the sole proprietor's 2008 adjusted gross income of $31,271 was less than annualized household expenses of $32,382.48; and 2009 evidence was inadequate under 8 C.F.R. § 204.5(g)(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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Wages actually paid in 2008 ($24,080 per W-2) fell short of the prorated proffered wage; documentation contained unresolved discrepancies; the sole proprietor's 2008 adjusted gross income of $31,271 was less than annualized household expenses of $32,382.48; and 2009 evidence was inadequate under 8 C.F.R. § 204.5(g)(2).
job offer requires a professional holding an advanced degree
AAO 为什么未被说服
AAO held that USCIS must apply the plain language of the labor certification and may not ignore any term. Because the ETA Form 9089 permits satisfaction of the minimum requirements through a 'master's equivalent based on any suitable combination of education, training or experience,' the job does not require an advanced degree. AILA liaison meeting minutes are non-binding and do not alter this result.
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 held that USCIS must apply the plain language of the labor certification and may not ignore any term. Because the ETA Form 9089 permits satisfaction of the minimum requirements through a 'master's equivalent based on any suitable combination of education, training or experience,' the job does not require an advanced degree. AILA liaison meeting minutes are non-binding and do not alter this result.
Pursuant to Kazarian, the petitioner submitted sufficient documentary evidence to demonstrate that he meets the plain language of the scholarly articles regulation. However, meeting only this one criterion is insufficient as at least three criteria are required.
为什么值得参考
了解 AAO 如何判断作品是否属于学术论文，以及它在整体记录中说明什么。
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Pursuant to Kazarian, the petitioner submitted sufficient documentary evidence to demonstrate that he meets the plain language of the scholarly articles regulation. However, meeting only this one criterion is insufficient as at least three criteria are required.