5 decisions

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.

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

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.

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 , and the beneficiary did not satisfy the minimum level of experience stated on the Form ETA 750.