1,220 decisions

s : bachelor's degree in speech language pathology and five years of progressive experience, but determined · that the beneficiary would still not qualify for the proffered position because the labor certification specifies that a master's degree is required, with no provision for the alternate combination of a bachelor's degree and five years of experience.

PageS Since the ETA Form 9089 required a doctorate degree as the minimum level of education, the petitioner has failed to establish that the beneficiary possessed all the education specified on the labor certification as of the priority date.

Upon reviewing the petition, the director determined that the record did not establish the petitioner's continuing ability to pay the proffered wage.

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 degree professional classification.

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 degree professional classification.

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 degree professional classification.

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.

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 degree professional classification.

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 degree professional classification.

Therefore, the benefiCiary does not ineet the alternative requirement of the labor certification and does not qualify as an advanced degree professional.

· The decision will be withdrawn and the matter will be remanded to the director for further consideration.

that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or ·the equivalent of 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.

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.

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.

Therefore, whether a given alien seeks classification as an alien of exceptional ability, or as ~ member of the professions holding an advanced degree, that alien cannot qualify for a waiver jJst by demonstrating a degree of expertise significantly above that ordinarily encountered in his or hth- field ·of expertise.

·the beneficiary did not meet the job qualifications stated on the labor certification.

The director's decision will be withdrawn and the matter remanded for a new decision.

The director determined that the petitioner had not established that it had the continuing ability to p~y the beneficiary the proffered wage beginning on the pri.