The AAO raised ability to pay as a new ground on appeal. The petitioner had 81 pending or approved petitions and provided no financial documentation (annual reports, tax returns, or audited financial statements) from the priority date of January 21, 2008 through the present, and failed to respond to the AAO's RFE.
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The AAO raised ability to pay as a new ground on appeal. The petitioner had 81 pending or approved petitions and provided no financial documentation (annual reports, tax returns, or audited financial statements) from the priority date of January 21, 2008 through the present, and failed to respond to the AAO's RFE.
bachelor's degree or foreign educational equivalent per ETA 9089 Part H
AAO 为什么未被说服
Because the beneficiary lacks a single foreign equivalent of a U.S. baccalaureate, the beneficiary does not meet the bachelor's degree requirement set out in Part H of the ETA Form 9089.
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Because the beneficiary lacks a single foreign equivalent of a U.S. baccalaureate, the beneficiary does not meet the bachelor's degree requirement set out in Part H of the ETA Form 9089.
The new Client Service Agreement established Administaff as the petitioner's payroll contractor, and the petitioner's 2007 net income of $76,855 was more than sufficient to cover the $13,901.24 wage shortfall.
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The new Client Service Agreement established Administaff as the petitioner's payroll contractor, and the petitioner's 2007 net income of $76,855 was more than sufficient to cover the $13,901.24 wage shortfall.
The AAO agreed the beneficiary does not hold a bachelor's degree or foreign equivalent (only a three-year diploma and a one-year diploma) and therefore cannot qualify under the EB-2 advanced-degree-professional category.
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The AAO agreed the beneficiary does not hold a bachelor's degree or foreign equivalent (only a three-year diploma and a one-year diploma) and therefore cannot qualify under the EB-2 advanced-degree-professional category.
Reading ETA 9089 Part H as a whole, the AAO interpreted the certification to require a bachelor's degree plus five years of alternate-occupation experience, and the beneficiary's diplomas and inadequately documented experience do not satisfy that requirement.
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Reading ETA 9089 Part H as a whole, the AAO interpreted the certification to require a bachelor's degree plus five years of alternate-occupation experience, and the beneficiary's diplomas and inadequately documented experience do not satisfy that requirement.
beneficiary possesses advanced degree or equivalent
AAO 为什么未被说服
The beneficiary's Honduran teaching credentials do not constitute a foreign equivalent of a U.S. bachelor's degree per AACRAO/EDGE, and even if they did, the record failed to establish five years of progressive post-baccalaureate experience due to discrepancies in employment letters and insufficient duty descriptions.
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The beneficiary's Honduran teaching credentials do not constitute a foreign equivalent of a U.S. bachelor's degree per AACRAO/EDGE, and even if they did, the record failed to establish five years of progressive post-baccalaureate experience due to discrepancies in employment letters and insufficient duty descriptions.
Beneficiary holds U.S. baccalaureate or foreign equivalent degree
AAO 为什么未被说服
The AAO rejected the expert evaluation because neither of the beneficiary's two Honduran programs individually constitutes a single four-year bachelor's degree. AACRAO's Foreign Educational Credentials publication indicated the primary teacher's certificate would only gain freshman admission in a U.S. institution, while the middle school professor certificate would be eligible only for undergraduate transfer credit.…
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The AAO rejected the expert evaluation because neither of the beneficiary's two Honduran programs individually constitutes a single four-year bachelor's degree. AACRAO's Foreign Educational Credentials publication indicated the primary teacher's certificate would only gain freshman admission in a U.S. institution, while the middle school professor certificate would be eligible only for undergraduate transfer credit. Combining two lesser credentials cannot produce a 'foreign equivalent degree'; only a single degree that is the equivalent of a U.S. baccalaureate qualifies.
Five years of progressive post-baccalaureate experience in the specialty
AAO 为什么未被说服
The two employer letters contained inconsistent dates of employment (one stating 1997–2001, the other 1998–2003), neither described duties sufficiently, neither confirmed full-time status, and neither verified the specific computer skills required by the labor certification.…
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The two employer letters contained inconsistent dates of employment (one stating 1997–2001, the other 1998–2003), neither described duties sufficiently, neither confirmed full-time status, and neither verified the specific computer skills required by the labor certification. Additionally, without a specific 2002 date for the credential, it was impossible to calculate whether five years of progressive experience had elapsed by the priority date of November 8, 2007.
labor certification requires advanced degree or exceptional ability
AAO 为什么未被说服
AAO agreed that the labor certification's minimum requirements (Bachelor's plus 12 months experience) do not demonstrate the job requires an advanced degree professional, and rejected the request to readjudicate under EB-3 as an impermissible material change.
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AAO agreed that the labor certification's minimum requirements (Bachelor's plus 12 months experience) do not demonstrate the job requires an advanced degree professional, and rejected the request to readjudicate under EB-3 as an impermissible material change.
Beneficiary possesses advanced degree or equivalent
AAO 为什么未被说服
Neither of the beneficiary's Honduran credentials individually constitutes a foreign equivalent to a U.S. baccalaureate. Combining an associate-level credential with a sub-baccalaureate credential cannot yield the required single foreign equivalent degree.…
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Neither of the beneficiary's Honduran credentials individually constitutes a foreign equivalent to a U.S. baccalaureate. Combining an associate-level credential with a sub-baccalaureate credential cannot yield the required single foreign equivalent degree. The submitted credential evaluation is unpersuasive because even the evaluator did not claim the Universidad Pedagogica credential alone represents a four-year bachelor's degree. Even if the credentials were deemed equivalent to a bachelor's, the employment letters are insufficient to establish five years of progressive post-baccalaureate experience due to discrepant dates, missing duty descriptions, and an undetermined 2002 graduation date.