81 decisions

The Director of the Nebraska Service Center denied the petition after determining that, based on the issuance date of the Beneficiary's university statement of marks, the Petitioner had not shown that he had the five years of post-baccalaureate experience required to establish the equivalent of an 1 advanced degree.

The Nebraska Service Center Director denied the petitiOn, concluding that the record did not establish, as required, that the labor certification supported classification of the position in the advanced degree professional category because it stated education and experience requirements that could be read as requiring less than an advanced degree.

ncluding that the record did not establish that the Beneficiary had the five years of post-baccalaureate experience required for classification as an advanced degree professional.

Upon de novo review of the record, we will withdraw the Director's decision and remand this matter for further action consistent with this opinion.

The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established its ability to pay the Beneficiary the proffered wage.

The Director of the Nebraska Service Center found that, based on the issuance date of the Beneficiary's baccalaureate degree diploma, the Petitioner had not shown that he had the five years 1 On appeal, the Petitioner contends that the Beneficiary has the required five years of progressive post-baccalaureate experience, as the Beneficiary earned his degree prior to the date his diploma was issued.

By accepting a combination of educational credentials in lieu of a single bachelor's degree, the labor certification does not demonstrate that the job requires an advanced degree professional.

The Director determined that the ETA Form 9089, Application for Permanent Employment Certification (labor certification), did not demonstrate that.

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.