AAO found Part H requires a Master's in computer applications (with math or mechanical engineering as alternatives), and the beneficiary's degree satisfies that requirement.
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AAO found Part H requires a Master's in computer applications (with math or mechanical engineering as alternatives), and the beneficiary's degree satisfies that requirement.
AAO examined wages paid, net income, and net current assets, finding all insufficient for 2005 and 2006. AAO rejected lines of credit as not constituting cash assets, declined to credit unaudited statements that conflicted with tax returns, and refused to allow hybrid cash/accrual treatment. The petitioner's ten other approved I-140 petitions further weighed against ability to pay.
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AAO examined wages paid, net income, and net current assets, finding all insufficient for 2005 and 2006. AAO rejected lines of credit as not constituting cash assets, declined to credit unaudited statements that conflicted with tax returns, and refused to allow hybrid cash/accrual treatment. The petitioner's ten other approved I-140 petitions further weighed against ability to pay.
AAO found the record does not establish the beneficiary is a member of the professions holding an advanced degree, applying the requirement that a full four-year baccalaureate (or foreign equivalent) is the minimum foundation.
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AAO found the record does not establish the beneficiary is a member of the professions holding an advanced degree, applying the requirement that a full four-year baccalaureate (or foreign equivalent) is the minimum foundation.
5 years experience in the job offered as of priority date
AAO 为什么未被说服
The beneficiary had only 3 years and 8 months of experience in the relevant role as of the priority date, falling short of the 5 years required by the labor certification.
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The beneficiary had only 3 years and 8 months of experience in the relevant role as of the priority date, falling short of the 5 years required by the labor certification.
The record contained no evidence of successful and well-known status, historical growth, or unusual circumstances paralleling Sonegawa, and the petitioner's Maryland corporate charter was forfeited rendering it a legal non-entity.
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The record contained no evidence of successful and well-known status, historical growth, or unusual circumstances paralleling Sonegawa, and the petitioner's Maryland corporate charter was forfeited rendering it a legal non-entity.
Labor certification valid for area of intended employment
AAO 为什么未被说服
AAO raised this issue sua sponte, noting the labor certification specified Westminster, Maryland while the I-140 specified East Windsor, New Jersey — different Metropolitan Statistical Areas — making the labor certification invalid for the offered position.
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AAO raised this issue sua sponte, noting the labor certification specified Westminster, Maryland while the I-140 specified East Windsor, New Jersey — different Metropolitan Statistical Areas — making the labor certification invalid for the offered position.
Net income was unavailable for 2003, only $18,216 in 2004, negative $414,730 in 2005, $613,936 in 2006 (sufficient), and unavailable for 2007. Unaudited cash flow statements were not persuasive, and the parent's assets cannot be imputed to the petitioner.
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Net income was unavailable for 2003, only $18,216 in 2004, negative $414,730 in 2005, $613,936 in 2006 (sufficient), and unavailable for 2007. Unaudited cash flow statements were not persuasive, and the parent's assets cannot be imputed to the petitioner.
serving the national interest to a substantially greater degree than an available U.S. worker
AAO 为什么未被说服
AAO found witness letters came almost exclusively from close associates and Taiwanese-community contacts, with bare assertions and no specific examples of field-wide influence. Counsel's claims (e.g., the Washington Post review, 'highly revered' musicals) were exaggerated or unsupported, and the record showed no measurable impact on awareness of Taiwanese folk music among non-Taiwanese audiences.
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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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AAO found witness letters came almost exclusively from close associates and Taiwanese-community contacts, with bare assertions and no specific examples of field-wide influence. Counsel's claims (e.g., the Washington Post review, 'highly revered' musicals) were exaggerated or unsupported, and the record showed no measurable impact on awareness of Taiwanese folk music among non-Taiwanese audiences.