729 decisions

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 ' s decision denying the petition concludes that the beneficiary does not qualify as an advanced degree professional because his degree was not obtained from a nationally accredited institution in the United States.

The director found that the petitioner had not established that the beneficiary is "an individual of exceptional ability," and that the offered job as listed on the ETA Form 9089, Application for Permanent Employment Certification, "does not support the classification sought.

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.

The director's decision denying the petition concludes that the petitioner failed to demonstrate th<J,t the beneficiary met the minimum educational requirements of the offered position stated on the labor cerli_fic(ltion by the petition's priority -date.

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.

[p4] (b)(6) NON-PRECEDENT DECISION Page 4 The director's decision denying the petition states that the petitioner has not demonstrated that the beneficiary is qualified as a member of the professions holding an advanced degree, and that the petitioner has not demonstrated that the beneficiary is qualified for the job offered.

The evidence in the record does not establish that the distance-learning diploma in business management program at required a three year degree for admission or that is accredited by the AICTE.

The director's decision will be withdrawn, and the matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with below.

However, the director also found that the petitioner had not established that the beneficiary is "eligible for certification under Schedule A.

The director determined that the petitioner had not established that the petition requires at least the equivalent of a Master's degree, and, therefore, that the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.

" Since an individual can qualify for the offered position with less than a degree above a baccalaureate, or a baccalaureate followed by five years of progressive experience in the specialty, the AAO finds that the petition does not qualify for advanced degree professional classification.

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 .

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.

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.

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.