display of work at artistic exhibitions or showcases
证据为何得到认可
The AAO found the petitioner submitted sufficient documentary evidence that her cinematographic work was displayed at film festivals, satisfying the plain language of the criterion.
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The AAO found the petitioner submitted sufficient documentary evidence that her cinematographic work was displayed at film festivals, satisfying the plain language of the criterion.
The petitioner's accomplishments — ICG membership, a single article, and film festival displays — fell far short of demonstrating sustained national or international acclaim or top-of-field status. Many letters spoke to future potential, not present achievement, and the petitioner had not established eligibility at the time of filing.
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The petitioner's accomplishments — ICG membership, a single article, and film festival displays — fell far short of demonstrating sustained national or international acclaim or top-of-field status. Many letters spoke to future potential, not present achievement, and the petitioner had not established eligibility at the time of filing.
job requires a professional holding an advanced degree or equivalent
证据为何得到认可
Reading the ETA Form 9089 as a whole, including the Part H.14 addendum specifying 5 years of progressive post-baccalaureate experience, the position requires the equivalent of an advanced degree.
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Reading the ETA Form 9089 as a whole, including the Part H.14 addendum specifying 5 years of progressive post-baccalaureate experience, the position requires the equivalent of an advanced degree.
continuing ability to pay the proffered wage from the priority date
AAO 为什么未被说服
AAO raised this issue beyond the director's decision. The petitioner did not submit W-2s or tax returns, so neither wages paid, net income, nor net current assets could be evaluated, and the totality of circumstances did not support a Sonegawa-type discretionary finding.
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AAO raised this issue beyond the director's decision. The petitioner did not submit W-2s or tax returns, so neither wages paid, net income, nor net current assets could be evaluated, and the totality of circumstances did not support a Sonegawa-type discretionary finding.
Beneficiary possesses an advanced degree or equivalent
证据为何得到认可
AAO found that the beneficiary's Pakistani MBBS is the foreign equivalent of a U.S. medical degree (M.D.), a first professional degree, which constitutes an advanced degree above the baccalaureate level under 8 C.F.R. § 204.5(k)(2). This conclusion was supported by the AACRAO EDGE peer-reviewed credential database.
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AAO found that the beneficiary's Pakistani MBBS is the foreign equivalent of a U.S. medical degree (M.D.), a first professional degree, which constitutes an advanced degree above the baccalaureate level under 8 C.F.R. § 204.5(k)(2). This conclusion was supported by the AACRAO EDGE peer-reviewed credential database.
Advanced degree or equivalent (foreign equivalent degree plus five years progressive experience)
AAO 为什么未被说服
The beneficiary's three-year Indian B.S. degree is not a foreign equivalent degree to a U.S. baccalaureate; combined with an MBA from IGNOU built on that three-year degree, the credentials equate only to a U.S. bachelor's degree per AACRAO EDGE. The beneficiary also cannot satisfy the five-year progressive experience requirement by the 2002 priority date given that the bachelor's equivalent was only earned in 2000.…
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The beneficiary's three-year Indian B.S. degree is not a foreign equivalent degree to a U.S. baccalaureate; combined with an MBA from IGNOU built on that three-year degree, the credentials equate only to a U.S. bachelor's degree per AACRAO EDGE. The beneficiary also cannot satisfy the five-year progressive experience requirement by the 2002 priority date given that the bachelor's equivalent was only earned in 2000. Unpublished AAO decisions are not binding, and the UNESCO argument fails because the U.S. has not ratified any UNESCO recognition conventions.
Under AACRAO EDGE and PIER publications, the beneficiary's three-year Indian B.S. and two-year Indian M.S. together are equivalent only to a U.S. bachelor's degree. A three-year bachelor's degree is not a foreign equivalent degree to a four-year U.S. baccalaureate.…
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Under AACRAO EDGE and PIER publications, the beneficiary's three-year Indian B.S. and two-year Indian M.S. together are equivalent only to a U.S. bachelor's degree. A three-year bachelor's degree is not a foreign equivalent degree to a four-year U.S. baccalaureate. The beneficiary also did not have five years of progressive post-baccalaureate experience by the priority date, so she cannot qualify via the equivalency path either.
Meets minimum experience requirement on labor certification (5 years in job or related occupation)
证据为何得到认可
The AAO found that the beneficiary did possess five years of experience in the related occupation of software design and development as of the priority date.
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The AAO found that the beneficiary did possess five years of experience in the related occupation of software design and development as of the priority date.
Meets minimum education requirement on labor certification (MBA or master's degree)
AAO 为什么未被说服
The beneficiary's MBA from IGNOU, built on a three-year Indian B.S. degree, is only comparable to a U.S. bachelor's degree per AACRAO EDGE, not a U.S. master's degree, so the education requirement of the labor certification is not met.
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The beneficiary's MBA from IGNOU, built on a three-year Indian B.S. degree, is only comparable to a U.S. bachelor's degree per AACRAO EDGE, not a U.S. master's degree, so the education requirement of the labor certification is not met.