65 decisions

The Director ofthe Texas Service Center denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.

The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish his eligibility for EB-2 classification and that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

We concluded that the company did not establish the Beneficiary's qualifying experience for the offered job or the requested immigrant visa category.

Agreeing with the Director, we concluded that the Petitioner did not demonstrate the Beneficiary's possession of the minimum employment experience required for the offered position or the requested immigrant visa classification.

The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability, but that she had not had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

Concluding that the record did not establish the Beneficiary's eligibility for the listed classification, the Director then denied the petition and the Petitioner's following motions to reopen and reconsider.

but that she had not had not established that a waiver of the required job otTer.

The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possesses a foreign degree that is equivalent to a U.

The Director determined that the Beneficiary did not qualify for classification as an advanced degree professional under section 203(b )(2) of the Act, or meet the minimum requirements on the labor certification to qualify for the job offered.

The director's decision denying the petition concludes that the beneficiary's Bachelor of Commerce degree, consisting of three years of unrelated course work, and his postgraduate certificate, consisting of six courses in computer networks , together do not meet the educational requirement of the labor certification.

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

Therefore, the director determined that the petitioner had failed to establish that the beneficiary satisfied the requirements of the labor certification and denied the petition.

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.

After reviewing all of the evidence in the record, it is concluded that the petitioner has failed to establish that the beneficiary possessed at least a U.

The director denied the petition on November 17, 2010, concluding that the petitioner failed to establish its continuing ability to pay the proffered wage.

[p12] (b)(6) NON-PRECEDENT DECISION Page 12 After reviewing all of the evidence in the record, it is concluded that the petitioner has failed to establish that the beneficiary possessed at least a U.

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 decision denying the petition concludes that the petitioner has not established that the beneficiary had the required five years of post-graduate experience to qualify as having an advanced degree under section 203(b)(2) ofthe Act.

Therefore, based on the conclusions of EDGE and the evidence in the record, the petitioner has not established that the beneficiary possesses a degree that is, by itself, the foreign equivalent of a U.