157 decisions

The director 's decision denying the petition concluded that the petitioner had not demonstrated that the beneficiary had the five years of progressive post-baccalaureate experience in the job offered prior to the priority date.

1 On March 12, 2013, the director denied the petition because the petitioner failed to establish that the beneficiary met the minimum educational requirements stated on the labor certification.

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

Upon reviewing the petition, the director determined that the beneficiary did not meet the job qualifications stated on the labor certification.

Since an individual can qualify for the offered position with less than a degree above a baccalaureate, or a baccalaureate followed by five years of progressive experience in the specialty, 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.

3 The director's decision denying the petition concludes that the beneficiary's educational credentials do not qualify him for an advanced degree professional visa.

The director found that the petitioner did not establish the beneficiary's five years of prior work experience as required in the labor certification.

The director's decision denying the petition dated April 26, 2013, concluded that the petitioner did not demonstrate that the beneficiary possessed an advanced degree, and that the petitioner did not demonstrate that the beneficiary possessed the minimum qualifications required under the labor certification as of the priority date.

The director determined that the petitiOner failed to demonstrate that the beneficiary had the education required by the terms of the labor certification and that the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onwards.

The director concluded that the pet1t10ner failed to demonstrate the beneficiary ' s qualifying educational requirements for the offered position as required by the labor certification and for classification as an advanced degree professional.

The director ' s decision denying the petition concludes that the beneficiary does not qualify as an advanced degree professional because his degree was not obtained from a nationally accredited institution in the United States.

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's decision denying the petition concludes that the petitioner failed to demonstrate th<J,t the beneficiary met the minimum educational requirements of the offered position stated on the labor cerli_fic(ltion by the petition's priority -date.

[p4] (b)(6) NON-PRECEDENT DECISION Page 4 The director's decision denying the petition states that the petitioner has not demonstrated that the beneficiary is qualified as a member of the professions holding an advanced degree, and that the petitioner has not demonstrated that the beneficiary is qualified for the job offered.

The evidence in the record does not establish that the distance-learning diploma in business management program at required a three year degree for admission or that is accredited by the AICTE.

The director's decision will be withdrawn, and the matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with below.

However, the director also found that the petitioner had not established that the beneficiary is "eligible for certification under Schedule A.

The director determined that the petitioner had not established that the petition requires at least the equivalent of a Master's degree, and, therefore, that the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.

" Since an individual can qualify for the offered position with less than a degree above a baccalaureate, or a baccalaureate followed by five years of progressive experience in the specialty, the AAO finds that the petition does not qualify for advanced degree professional classification.