13 decisions

The Director concluded that the record did not establish the Beneficiary's possession of the minimum required education for the offered position or the requested classification.

The Director found that the Beneficiary does not qualify for the classification of advanced degree professional because he does not have a foreign equivalent degree to a U.

The director found that the petitioner had not established that he qualifies for the classification sought.

The petitioner also has not established that it had sufficient net income to pay the proffered wages of its other sponsored workers in any of the years at issue.

We did not, however, find the visa petition to be approvable as the record failed to establish that the beneficiary held an advanced degree in a field required by the labor certification.

The director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.

Therefore, the petition does not qualify for advanced degree professional classification There is no provision in statute or regulation that compels U.

The director's decision denying the petition states that the letters submitted did not demonstrate that the beneficiary had five years of progressive experience in positions of increasing complexity and involving greater responsibility.

The director further determined that because the labor certification in the instant matter would allow for the combination of education, experience, and/or training that is "equivalent" to a bachelor's degree, the labor certification did not meet the classification of an E21, a member of the professions holding an advanced degree or an alien of exceptional ability.

The director also found that the petitioner had not established that the beneficiary possessed the required employment experience.

The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition , and the beneficiary did not satisfy the minimum level of experience stated on the Form ETA 750.

The director found that "the beneficiary has not met all of the terms listed on the application for labor certification" and that "the beneficiary cannot be found to be qualified for the position.

2 Upon reviewing the petition, the acting director determined that the petitioner failed to establish that the beneficiary possessed the minimum .