198 decisions

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.

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

Therefore, since the beneficiary's master's degree from is not from an accredited institution of higher education, it does not qualify as an advanced degree within the meaning of 8 C.

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.

Upon reviewing the petition, the director determined that the petitioner had failed to establish that the beneficiary is qualified to perform the duties of the proffered position with a minimum of a bachelor's degree in public relations, English or journalism and 60 months (five years) of qualifying employment yxperience.

Upon reviewing the petition, the director determined that the petitioner failed to demonstrate that the beneficiary possessed the minimum level of education stated on the labor certification and as required for classification as an advanced degree professional.

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.

" The petitioner has not established that the evidence required to demonstrate that an alien is an advanced degree professional is any less than the evidence required to show that the alien is a professional.

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

[p3] (b)(6) Page 3 On April 26, 2012, the AAO issued a Notice of Intent to Deny and Request for Evidence (NOID!RFE), indicating that it intended to withdraw the Director's recommended approval of the petition because the record did not establish that the beneficiary's Indian education is equivalent to a -U.

The Director concluded, therefore, that the beneficiary's degree does not qualify her for classification as an advanced degree professional.

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 requi,rement of a job offer would be in the national interest of the United· States.

Beyond the decision of the director, the petitioner has also failed to establish that the ETA Form 9089 supports a professional holding an advanced degree.

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification or as required by the advanced.