The beneficiary's certificate was not the equivalent of a baccalaureate degree, employer letters had discrepant dates and failed to verify required skills, and neither letter indicated full-time or part-time status. Even assuming the certificate were equivalent to a baccalaureate, the missing specific date of acquisition precluded verification of five years of progressive experience.
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The beneficiary's certificate was not the equivalent of a baccalaureate degree, employer letters had discrepant dates and failed to verify required skills, and neither letter indicated full-time or part-time status. Even assuming the certificate were equivalent to a baccalaureate, the missing specific date of acquisition precluded verification of five years of progressive experience.
No financial evidence covered the period from the November 8, 2007 priority date onward; unaudited financial statements are insufficient; and the promised 2007 tax return was never received, leaving the ability to pay unestablished.
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No financial evidence covered the period from the November 8, 2007 priority date onward; unaudited financial statements are insufficient; and the promised 2007 tax return was never received, leaving the ability to pay unestablished.
Continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
The 2006 tax return pre-dates the November 8, 2007 priority date and cannot demonstrate ability to pay from that date forward. The reviewed (unaudited) financial statements do not satisfy the regulatory requirement for audited financial statements. The promised 2007 tax return was never submitted. Without any financial evidence from the priority date onward, the petitioner failed to demonstrate continuing ability to pay.
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The 2006 tax return pre-dates the November 8, 2007 priority date and cannot demonstrate ability to pay from that date forward. The reviewed (unaudited) financial statements do not satisfy the regulatory requirement for audited financial statements. The promised 2007 tax return was never submitted. Without any financial evidence from the priority date onward, the petitioner failed to demonstrate continuing ability to pay.
Labor certification job offer requires advanced degree professional or alien of exceptional ability
AAO 为什么未被说服
The labor certification's Part H.4 requires only a bachelor's degree in psychology or commerce with no experience, and the alternative combination in H.8 offers only a master's degree plus two years of experience. Neither option satisfies the regulatory requirement that the job offer demonstrate need for an advanced degree professional — specifically a bachelor's degree plus five years of progressive experience.
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The labor certification's Part H.4 requires only a bachelor's degree in psychology or commerce with no experience, and the alternative combination in H.8 offers only a master's degree plus two years of experience. Neither option satisfies the regulatory requirement that the job offer demonstrate need for an advanced degree professional — specifically a bachelor's degree plus five years of progressive experience.
Job offer requires advanced degree or exceptional ability / proper visa classification
AAO 为什么未被说服
The AAO agreed the labor certification did not support EB-2 classification, but found that because the director had invited amendment and the petitioner had signed a form requesting third-preference skilled worker adjudication, the petition should have been adjudicated under EB-3 rather than denied.
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The AAO agreed the labor certification did not support EB-2 classification, but found that because the director had invited amendment and the petitioner had signed a form requesting third-preference skilled worker adjudication, the petition should have been adjudicated under EB-3 rather than denied.
The only financial evidence is a 2006 tax return predating the 2008 priority date, and there is no evidence of wages paid to the beneficiary, so the petitioner failed to demonstrate continuing ability to pay.
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The only financial evidence is a 2006 tax return predating the 2008 priority date, and there is no evidence of wages paid to the beneficiary, so the petitioner failed to demonstrate continuing ability to pay.
The record contains no financial evidence covering the priority date of November 8, 2007 onward. The 2006 tax return predates the priority date and the promised 2007 tax return was never submitted. Unaudited financial statements are not persuasive evidence under 8 C.F.R. § 204.5(g)(2). No wages paid to the beneficiary were documented.
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The record contains no financial evidence covering the priority date of November 8, 2007 onward. The 2006 tax return predates the priority date and the promised 2007 tax return was never submitted. Unaudited financial statements are not persuasive evidence under 8 C.F.R. § 204.5(g)(2). No wages paid to the beneficiary were documented.
Labor certification requires advanced degree professional
AAO 为什么未被说服
The labor certification's primary requirement of a bachelor's degree in psychology or commerce with no experience does not demonstrate that the job requires an advanced degree professional under 8 C.F.R. § 204.5(k)(4).
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The labor certification's primary requirement of a bachelor's degree in psychology or commerce with no experience does not demonstrate that the job requires an advanced degree professional under 8 C.F.R. § 204.5(k)(4).
Continuing ability to pay proffered wage from priority date
AAO 为什么未被说服
No financial evidence covers the November 8, 2007 priority date onward. The petitioner did not demonstrate it paid the beneficiary the proffered wage, did not submit audited financial statements, and never provided the promised 2007 tax return. The 2006 data alone is insufficient to demonstrate continuing ability to pay.
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No financial evidence covers the November 8, 2007 priority date onward. The petitioner did not demonstrate it paid the beneficiary the proffered wage, did not submit audited financial statements, and never provided the promised 2007 tax return. The 2006 data alone is insufficient to demonstrate continuing ability to pay.
Relying on EDGE and the credential evaluations, AAO concluded the beneficiary's three-year bachelor's plus Master of Computer Applications is comparable to a U.S. Master's degree.
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Relying on EDGE and the credential evaluations, AAO concluded the beneficiary's three-year bachelor's plus Master of Computer Applications is comparable to a U.S. Master's degree.