ETA Form 9089 must demonstrate the job requires an advanced degree or exceptional ability
AAO 为什么未被说服
The alternate combination of a high school education plus 18 years of experience does not equate to an advanced degree under 8 C.F.R. § 204.5(k)(2), so the labor cert does not support EB-2 classification.
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The alternate combination of a high school education plus 18 years of experience does not equate to an advanced degree under 8 C.F.R. § 204.5(k)(2), so the labor cert does not support EB-2 classification.
beneficiary's knowledge of office computer software per H.14
AAO 为什么未被说服
AAO raises this ground sua sponte under its de novo authority; record contains no evidence corroborating the required computer software knowledge as of the priority date.
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AAO raises this ground sua sponte under its de novo authority; record contains no evidence corroborating the required computer software knowledge as of the priority date.
Beneficiary possesses advanced degree or equivalent
AAO 为什么未被说服
The beneficiary's three-year Bachelor of Commerce is not the foreign equivalent of a U.S. baccalaureate, and combining work experience with a three-year degree does not satisfy the regulatory requirement of a single foreign equivalent degree.
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The beneficiary's three-year Bachelor of Commerce is not the foreign equivalent of a U.S. baccalaureate, and combining work experience with a three-year degree does not satisfy the regulatory requirement of a single foreign equivalent degree.
Labor certification job requirements demonstrate need for advanced degree professional
AAO 为什么未被说服
Because Part H.14 allows a three-year bachelor's plus nine years of experience, and a three-year foreign degree is not the equivalent of a U.S. baccalaureate, the job as certified does not require an advanced degree professional.
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Because Part H.14 allows a three-year bachelor's plus nine years of experience, and a three-year foreign degree is not the equivalent of a U.S. baccalaureate, the job as certified does not require an advanced degree professional.
job offer requires a professional holding an advanced degree
AAO 为什么未被说服
The labor certification's stated minimum requirement of a bachelor's degree plus three years of experience does not equate to an advanced degree requirement, and the petitioner cannot retroactively convert the petition to a different classification on appeal.
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The labor certification's stated minimum requirement of a bachelor's degree plus three years of experience does not equate to an advanced degree requirement, and the petitioner cannot retroactively convert the petition to a different classification on appeal.
Because counsel failed to specifically identify any erroneous conclusion of law or statement of fact and submitted no further evidence, AAO summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v).
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Because counsel failed to specifically identify any erroneous conclusion of law or statement of fact and submitted no further evidence, AAO summarily dismissed under 8 C.F.R. § 103.3(a)(1)(v).
The petitioner failed to submit audited financial statements, federal tax returns, or annual reports. The only evidence submitted was an unaudited profit & loss statement, which is not persuasive as it is based on management representations. No evidence of wages actually paid to the beneficiary was submitted.
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The petitioner failed to submit audited financial statements, federal tax returns, or annual reports. The only evidence submitted was an unaudited profit & loss statement, which is not persuasive as it is based on management representations. No evidence of wages actually paid to the beneficiary was submitted.
The AAO found the director erred by relying on state licensing requirements. Based on DOL's O*NET Job Zone Five classification for physical therapists—indicating that most require graduate-level education and 51% hold master's degrees—and the beneficiary's U.S. master's degree, the position properly qualifies as an advanced degree professional position.
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The AAO found the director erred by relying on state licensing requirements. Based on DOL's O*NET Job Zone Five classification for physical therapists—indicating that most require graduate-level education and 51% hold master's degrees—and the beneficiary's U.S. master's degree, the position properly qualifies as an advanced degree professional position.