foreign equivalent baccalaureate plus five years progressive post-baccalaureate experience
证据为何得到认可
The AAO accepted the AACRAO-member credential evaluation and concluded the beneficiary's foreign Bachelor of Engineering is equivalent to a U.S. baccalaureate. The AAO found the notarized supervisor letter from Tata Consultancy and the Prudent Technologies letter sufficient, and corrected the director's reasoning regarding Verizon (the beneficiary worked for Tata while doing consulting for Verizon, so Verizon need not have…
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The AAO accepted the AACRAO-member credential evaluation and concluded the beneficiary's foreign Bachelor of Engineering is equivalent to a U.S. baccalaureate. The AAO found the notarized supervisor letter from Tata Consultancy and the Prudent Technologies letter sufficient, and corrected the director's reasoning regarding Verizon (the beneficiary worked for Tata while doing consulting for Verizon, so Verizon need not have been separately listed on the ETA 9089).
beneficiary meets the requirements stated on ETA Form 9089
证据为何得到认可
Reading the ETA Form 9089 as a whole, the AAO concluded the beneficiary's foreign-equivalent baccalaureate and more-than-five-years of qualifying experience satisfy the certified requirements at Part H lines 4, 9, and 10.
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Reading the ETA Form 9089 as a whole, the AAO concluded the beneficiary's foreign-equivalent baccalaureate and more-than-five-years of qualifying experience satisfy the certified requirements at Part H lines 4, 9, and 10.
Continuing ability to pay proffered wage from priority date
证据为何得到认可
The AAO found that although the beneficiary was not paid the full proffered wage in 2008, 2009, or 2010, the petitioner's net income in each of those years (ranging from approximately $857,000 to $1.1 million) vastly exceeded the shortfall in each year, establishing the ability to pay. The unaudited financial statements were not relied upon as they lack the required audit.
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The AAO found that although the beneficiary was not paid the full proffered wage in 2008, 2009, or 2010, the petitioner's net income in each of those years (ranging from approximately $857,000 to $1.1 million) vastly exceeded the shortfall in each year, establishing the ability to pay. The unaudited financial statements were not relied upon as they lack the required audit.
advanced degree or foreign equivalent (bachelor's + 5 years progressive experience)
证据为何得到认可
AAO concluded that the combined three-year bachelor's plus two-year master's equate to a U.S. baccalaureate per EDGE, and the beneficiary documented more than five years of progressive post-baccalaureate experience as of the April 15, 2008 priority date.
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AAO concluded that the combined three-year bachelor's plus two-year master's equate to a U.S. baccalaureate per EDGE, and the beneficiary documented more than five years of progressive post-baccalaureate experience as of the April 15, 2008 priority date.
beneficiary meets ETA Form 9089 minimum requirements
证据为何得到认可
Reading the labor certification's plain language, the AAO concluded the beneficiary meets the alternative bachelor's-plus-five-years requirement, and a foreign educational equivalent is expressly acceptable.
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Reading the labor certification's plain language, the AAO concluded the beneficiary meets the alternative bachelor's-plus-five-years requirement, and a foreign educational equivalent is expressly acceptable.
The AAO found that the petitioner's publication record, citation history (only one well-cited article at filing), postdoctoral-level roles, and evidence as a whole did not demonstrate that she had risen to the very top of her field. The much more impressive credentials of her own references illustrated that the very top of the field was above her level of achievement.
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The AAO found that the petitioner's publication record, citation history (only one well-cited article at filing), postdoctoral-level roles, and evidence as a whole did not demonstrate that she had risen to the very top of her field. The much more impressive credentials of her own references illustrated that the very top of the field was above her level of achievement.
The AAO found that expert letters failed to provide specific examples of how the petitioner's findings were being widely applied; citation counts were modest (most articles cited fewer than ten times at filing); future impact speculated by references is not sufficient since eligibility is assessed at filing; and even the best-cited article represents at most a single contribution, while the regulation requires plural contri…
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 AAO found that expert letters failed to provide specific examples of how the petitioner's findings were being widely applied; citation counts were modest (most articles cited fewer than ten times at filing); future impact speculated by references is not sufficient since eligibility is assessed at filing; and even the best-cited article represents at most a single contribution, while the regulation requires plural contributions of major significance.
Advanced degree or equivalent (baccalaureate + 5 years post-baccalaureate progressive experience)
AAO 为什么未被说服
The regulation requires that five years of progressive experience 'follow' the bachelor's degree. The beneficiary's documented experience ran from 1999 to October 2005, while her degree was not completed until December 2005, making it mathematically impossible to have five years of post-baccalaureate experience before the April 2008 priority date.…
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The regulation requires that five years of progressive experience 'follow' the bachelor's degree. The beneficiary's documented experience ran from 1999 to October 2005, while her degree was not completed until December 2005, making it mathematically impossible to have five years of post-baccalaureate experience before the April 2008 priority date. Furthermore, experience concurrent with or prior to earning a bachelor's degree is not professional experience.
The ETA Form 9089 required a master's degree in chemistry or a bachelor's degree plus five years of progressive experience. The beneficiary holds only a foreign bachelor's equivalent and lacks five years of post-baccalaureate experience before the priority date, so she does not satisfy either alternative.
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The ETA Form 9089 required a master's degree in chemistry or a bachelor's degree plus five years of progressive experience. The beneficiary holds only a foreign bachelor's equivalent and lacks five years of post-baccalaureate experience before the priority date, so she does not satisfy either alternative.