AAO found the Petitioner failed to show her specific proposed endeavor of providing pharmacy services in community clinics had national importance. Arguing the importance of the occupation or field is insufficient; the Petitioner needed to show broader prospective impact. AAO also excluded the later-introduced business plan as a materially changed proposed endeavor.
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO found the Petitioner failed to show her specific proposed endeavor of providing pharmacy services in community clinics had national importance. Arguing the importance of the occupation or field is insufficient; the Petitioner needed to show broader prospective impact. AAO also excluded the later-introduced business plan as a materially changed proposed endeavor.
Beneficiary meets minimum experience requirements of labor certification
AAO 为什么未被说服
The labor certification required three years of qualifying experience, but the Beneficiary attested to only approximately 20 months of full-time qualifying experience by the June 2019 priority date. No letter from a former employer was submitted to document qualifying experience.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The labor certification required three years of qualifying experience, but the Beneficiary attested to only approximately 20 months of full-time qualifying experience by the June 2019 priority date. No letter from a former employer was submitted to document qualifying experience.
Acquisition of predecessor's rights and obligations
AAO 为什么未被说服
The evidence showed the parent company acquired both entities via reverse triangular mergers, but the Petitioner itself did not acquire the predecessor's essential assets. Employee transfers and shared ERP systems alone do not transfer all rights and obligations necessary to operate the predecessor's business. Counsel's unsubstantiated assertions about asset transfers in corporate books do not constitute evidence.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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The evidence showed the parent company acquired both entities via reverse triangular mergers, but the Petitioner itself did not acquire the predecessor's essential assets. Employee transfers and shared ERP systems alone do not transfer all rights and obligations necessary to operate the predecessor's business. Counsel's unsubstantiated assertions about asset transfers in corporate books do not constitute evidence.
Same job opportunity as on the labor certification
裁决如何说明
AAO declined to reach the job opportunity issue because the finding that the Petitioner did not acquire the predecessor's essential assets and liabilities was itself dispositive, making it unnecessary to address this additional ground.
为什么值得参考
利用裁决理由识别 AAO 认为重要的具体事实或文件缺口。
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AAO declined to reach the job opportunity issue because the finding that the Petitioner did not acquire the predecessor's essential assets and liabilities was itself dispositive, making it unnecessary to address this additional ground.
AAO agreed the underlying area is meritorious but found the record did not show the Petitioner's specific endeavor would have national implications, lacking projected revenues, number of employees, geographic depressed-area benefit, or evidence of improvements/advances in accounting.
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO agreed the underlying area is meritorious but found the record did not show the Petitioner's specific endeavor would have national implications, lacking projected revenues, number of employees, geographic depressed-area benefit, or evidence of improvements/advances in accounting.
AAO found the Petitioner's evidence—personal statement, expert letters, client letters, and business plan—all addressed the importance of financial consulting as a field rather than the specific prospective national impact of his particular endeavor.…
为什么值得参考
对照裁决如何区分“领域整体重要”与“申请人具体工作将产生的未来影响”。
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AAO found the Petitioner's evidence—personal statement, expert letters, client letters, and business plan—all addressed the importance of financial consulting as a field rather than the specific prospective national impact of his particular endeavor. Revenue projections of $367K–$793K and plans to create seven jobs by year five did not rise to the level of 'substantial positive economic effects' contemplated by Dhanasar, and were unsupported by a demonstrated basis for the projections.
AAO explicitly reserved judgment on the second prong because the Petitioner failed to meet the first prong, rendering the second prong unnecessary to the outcome.
为什么值得参考
识别 AAO 期待看到的已有进展、资源、外部兴趣，以及过去经历与未来计划之间的连接。
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AAO explicitly reserved judgment on the second prong because the Petitioner failed to meet the first prong, rendering the second prong unnecessary to the outcome.
on balance, beneficial to waive the job offer requirement
裁决如何说明
AAO explicitly reserved judgment on the third prong because the Petitioner failed to meet the first prong, rendering the third prong unnecessary to the outcome.
为什么值得参考
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 explicitly reserved judgment on the third prong because the Petitioner failed to meet the first prong, rendering the third prong unnecessary to the outcome.