157 decisions

Since an individual can qualify for the offered position With les~ than a degree above a baccalaureate, or a baccalaureate followed by five years of progressive experience in the specialty, the petit_ion does not qualify for advanced degree professional classification.

[p8] (b)(6) NON-PRECEDENT DECISION Page 8 Therefore, since an individual can qualify for the offered position with a degree less than a bc:tCCCllCi:ureate (fo11owed by five years of progressive experie~ce in the specialty), the petition does not qualify for advanced degree professional classification.

After reviewing all of tbe evi<ience in the record, it is concluded th_a't the petitioner has failed to establish that the beneficiary possessed at leru;t a tJ .

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

" Since an individual can qualify for the offered position with less than a degree above a baccalaureate, or 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.

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.

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.

The AAO ultimately dismissed the appeal finding that the evidence in the record did not establish that the beneficiary possessed a U.

bachelor's degree or foreign equivalent degree and therefore does not qualify for classification as an advanced degree professional.

The evidence submitted does not establish that the petition is supported by an approved Form ETA 9089, or that the beneficiary possesses an advanced degree or exceptional ability, or that a bona fide job opportunity exists.

The petition is not approvable, however, as the beneficiary does not meet the minimum education qualifications of the position.

The director found that the record did not establish that the beneficiary held a U.

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.

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

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.