982 decisions

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.

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.

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.

The director found that the petitioner qualifies for classification as a member of the professions holding the equivalent of 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.

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.

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.

" As the motion was not accompanied by or supported by new evidence or arguments based on relevant precedent decisions, the motion does not meet the requirements for a motion to reopen or motion to reconsider.

The director also found that as the PGD issued to the beneficiary in business administration had not been awarded by an accredited university, he could not qualify for preference classification as a professional on this basis.

The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent, or an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.

Upon reviewing the petition, the director determined that the beneficiary did not meet the job qualifications stated on the labor certification.

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.

Thus, the petition will be remanded for the director to determine whether the beneficiary is a member of the professions holding an advanced degree, and that the offered position requires, at a minimum, a [p5] (b)(6) NON-PRECEDENT DECISION Page 5 professional holding an advanced degree.

The director's decision denying the petition concludes that the petitioner failed to establish its ability to pay the proffered wage since the priority date.

The director determined that the petitioner had not established that it had the continuing abili~y to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.

Nevertheless, the record does not establish that the petitioner · did not intend to employ the beneficiary at the time of filing the application for labor certificCJ.

S not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

The director determined that the petitioner failed to demonstrate that the labor certification required an advanced degree for the position so that the category requested was inapplicable and that the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onwards.

1 The director's decision to revoke the petition will be withdrawn, and the matter will be remanded for further consideration.

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.