leading or critical role for organizations or establishments with a distinguished reputation
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The petitioner relied entirely on recommendation letters that praised her skills but did not establish she performed in a leading or critical role. Furthermore, the letters discussed individual film producers and directors rather than organizations or establishments, and no evidence of distinguished production companies was provided.
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The petitioner relied entirely on recommendation letters that praised her skills but did not establish she performed in a leading or critical role. Furthermore, the letters discussed individual film producers and directors rather than organizations or establishments, and no evidence of distinguished production companies was provided.
published material in professional or major trade publications or other major media
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The AAO withdrew the director's finding because the director found the criterion met without any discussion of the evidence. Upon review, the petitioner failed to include required dates and/or authors for any of the submitted items, most articles were not primarily about the petitioner, and the petitioner failed to establish that publications were professional or major trade publications or major media.
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The AAO withdrew the director's finding because the director found the criterion met without any discussion of the evidence. Upon review, the petitioner failed to include required dates and/or authors for any of the submitted items, most articles were not primarily about the petitioner, and the petitioner failed to establish that publications were professional or major trade publications or major media.
Petitioner's net income exceeded the proffered wage only in 2006 and 2008; in 2007 there was a substantial net loss of $81,544, insufficient to cover the gap between proffered wage and wages paid.
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Petitioner's net income exceeded the proffered wage only in 2006 and 2008; in 2007 there was a substantial net loss of $81,544, insufficient to cover the gap between proffered wage and wages paid.
totality of circumstances under Matter of Sonegawa
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AAO rejected Sonegawa-style totality argument because gross receipts declined 25% from 2006 to 2010, the owner's personal assets cannot be considered for a corporation, and the 2008 articles-of-incorporation amendment purporting to obligate the owner to contribute capital postdated 2007 and had no probative value for that year.
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AAO rejected Sonegawa-style totality argument because gross receipts declined 25% from 2006 to 2010, the owner's personal assets cannot be considered for a corporation, and the 2008 articles-of-incorporation amendment purporting to obligate the owner to contribute capital postdated 2007 and had no probative value for that year.
Beneficiary's W-2 wages exceeded the $34,091 proffered wage only in 2010 (and projected 2011); for 2007-2009 the wages paid were below the proffered wage.
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Beneficiary's W-2 wages exceeded the $34,091 proffered wage only in 2010 (and projected 2011); for 2007-2009 the wages paid were below the proffered wage.
Beneficiary possesses foreign equivalent of U.S. master's degree in electrical engineering
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AAO agreed with the Director's EDGE-based analysis, finding that private credential evaluations did not override EDGE's established methodology. The Maitrise equates to a U.S. bachelor's and the DESS to one year of graduate study, which together fall short of a master's degree. AAO also noted that the labor certification required a master's degree specifically, not a bachelor's plus experience.
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AAO agreed with the Director's EDGE-based analysis, finding that private credential evaluations did not override EDGE's established methodology. The Maitrise equates to a U.S. bachelor's and the DESS to one year of graduate study, which together fall short of a master's degree. AAO also noted that the labor certification required a master's degree specifically, not a bachelor's plus experience.
petitioner's continuing intent to employ beneficiary
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The beneficiary completed the offered residency, subsequently entered a fellowship at another institution, obtained board certification, and is sponsored for H-1B employment by another employer. The petitioner expressly confirmed it no longer intends to employ the beneficiary, extinguishing the required continuing intent.
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The beneficiary completed the offered residency, subsequently entered a fellowship at another institution, obtained board certification, and is sponsored for H-1B employment by another employer. The petitioner expressly confirmed it no longer intends to employ the beneficiary, extinguishing the required continuing intent.
The beneficiary's MBBS degree from a recognized Indian university, confirmed by both an expert evaluation and AACRAO EDGE, is equivalent to a U.S. MD, satisfying the advanced degree requirement.
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The beneficiary's MBBS degree from a recognized Indian university, confirmed by both an expert evaluation and AACRAO EDGE, is equivalent to a U.S. MD, satisfying the advanced degree requirement.
A medical residency is a time-limited graduate medical education program, not an indefinite employment relationship. The offered 'Senior Medical Resident' position is inherently limited to a finite two-year period, and permanent employment requires that the position continue indefinitely. A temporary position cannot be the basis for an employment-based immigrant visa.
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A medical residency is a time-limited graduate medical education program, not an indefinite employment relationship. The offered 'Senior Medical Resident' position is inherently limited to a finite two-year period, and permanent employment requires that the position continue indefinitely. A temporary position cannot be the basis for an employment-based immigrant visa.