147 decisions

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.

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.