35 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 ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not qualify for the underlying classification as an individual of exceptional ability and had not established 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 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 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.

The director's decision concluded that the proffered position's minimum education and experience requirements did not meet the standard for classification as an advanced degree professional.

Based on the inconsistency between the evaluation and the author's notes section of the EDGE report that accompanied it, the Director concluded that the record did not establish the beneficiary's possession of the required degree in a field specified by the labor certification.

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.

bachelor's degree and therefore does not qualify as an advanced degree professional.

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

The director denied the petition on October 9, 2013, having determined that the petitioner "qualifies for the requested classification[] as a member of the professions holding an advanced degree or an alien of exceptional ability," but had not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

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 found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

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 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.

Since Part H-14 provides that an individual can qualify for the offered position with less than a baccalaureate followed by five years of progressive experience in the specialty, the petition does not qualify for advanced degree professional classification.

" Since an individual could qualify for the job opportunity through an evaluation service that would accept a combination of education that is 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.

Therefore, since an individual can qualify for the offered position with a degree less than a baccalaureate (followed by five years of progressive experience in the specialty), the petition does not qualify for advanced degree professional classification.