The AAO found the record contained insufficient evidence to confirm national scope, despite criticizing the director's contradictory reasoning. The proprietary nature of the work and lack of evidence of the petitioner's influence over the employer's national holdings were determinative.
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The AAO found the record contained insufficient evidence to confirm national scope, despite criticizing the director's contradictory reasoning. The proprietary nature of the work and lack of evidence of the petitioner's influence over the employer's national holdings were determinative.
AAO indicated that the national scope of historic preservation is not in dispute, effectively departing from the director's national scope finding while reaching the same overall result on a different prong.
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AAO indicated that the national scope of historic preservation is not in dispute, effectively departing from the director's national scope finding while reaching the same overall result on a different prong.
AAO affirmed that the regulation permits denial of skeletal petitions lacking required initial evidence, and that evidence submitted for the first time on appeal cannot cure the deficiency. The director was not required to issue an RFE before denying a clearly deficient petition.
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AAO affirmed that the regulation permits denial of skeletal petitions lacking required initial evidence, and that evidence submitted for the first time on appeal cannot cure the deficiency. The director was not required to issue an RFE before denying a clearly deficient petition.
The attorney who filed Form I-290B on appeal did not submit a properly executed Form G-28. The Power of Attorney document is not a substitute for Form G-28 and, in any event, was issued to a different attorney than the one who filed the appeal.
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The attorney who filed Form I-290B on appeal did not submit a properly executed Form G-28. The Power of Attorney document is not a substitute for Form G-28 and, in any event, was issued to a different attorney than the one who filed the appeal.
Proper signature on Form I-140 and Form ETA 9089 by petitioning employer
AAO 为什么未被说服
No employee or officer of the petitioning employer signed Form I-140 or Form ETA 9089. An attorney signed Form I-140's petitioner signature block under penalty of perjury, but regulations require the actual petitioner to sign. The Power of Attorney does not satisfy the signature requirements because a declaration under penalty of perjury cannot be subscribed by another person on behalf of the declarant.
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No employee or officer of the petitioning employer signed Form I-140 or Form ETA 9089. An attorney signed Form I-140's petitioner signature block under penalty of perjury, but regulations require the actual petitioner to sign. The Power of Attorney does not satisfy the signature requirements because a declaration under penalty of perjury cannot be subscribed by another person on behalf of the declarant.
Petitioner's signature on Form I-140 and supporting documents
AAO 为什么未被说服
The employer's actual signature is required under 8 C.F.R. § 103.2(a)(2) as certification under penalty of perjury; a POA cannot substitute for the employer's own signature, and an attorney's unsupported assertions have no evidentiary value. The petition, introductory letter of support, and alien employment certification were all signed only by the attorney, rendering each filing improper.
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The employer's actual signature is required under 8 C.F.R. § 103.2(a)(2) as certification under penalty of perjury; a POA cannot substitute for the employer's own signature, and an attorney's unsupported assertions have no evidentiary value. The petition, introductory letter of support, and alien employment certification were all signed only by the attorney, rendering each filing improper.
The ISB PGP is roughly a one-year program described by the ISB itself as distinct from and shorter than a two-year MBA; EDGE and the ISB's own marketing support that it is not equivalent to a U.S. master's degree, and the credential evaluations contained inaccuracies. The Kellogg dean's letter equates programs but not the credentials, and the ISB is not an accredited degree-granting institution.
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The ISB PGP is roughly a one-year program described by the ISB itself as distinct from and shorter than a two-year MBA; EDGE and the ISB's own marketing support that it is not equivalent to a U.S. master's degree, and the credential evaluations contained inaccuracies. The Kellogg dean's letter equates programs but not the credentials, and the ISB is not an accredited degree-granting institution.
national interest substantially greater than U.S. worker
AAO 为什么未被说服
The petitioner consistently refused to pursue the national interest waiver and failed to demonstrate that his work as a self-employed attorney would serve the national interest to a substantially greater degree than available U.S. workers.
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理解除了希望自我申请之外，哪些与具体事业相关的事实会影响豁免分析。
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The petitioner consistently refused to pursue the national interest waiver and failed to demonstrate that his work as a self-employed attorney would serve the national interest to a substantially greater degree than available U.S. workers.
beneficiary meets ETA Form 9089 minimum education requirements
AAO 为什么未被说服
Plain language of Part H lines 4, 4-B, 7, and 9 requires a master's degree (or foreign equivalent) in business administration, marketing, finance, or a related field, which the beneficiary does not have.
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Plain language of Part H lines 4, 4-B, 7, and 9 requires a master's degree (or foreign equivalent) in business administration, marketing, finance, or a related field, which the beneficiary does not have.