1,991 decisions

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 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.

The director determined that the petitioner had failed to establish its continuing ability to pay the proffered wage to the beneficiary since the priority date.

The director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.

· The decision will be withdrawn and the matter will be remanded to the director for further consideration.

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 .

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.

If the director determines that the untimely appeal does not meet the requirements of a motion, no new decision will be issued.

The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner had 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 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.

In the instant case, the evidence contained in the record does not show that the marriage was not entered into for the purpose of evading the immigration laws.

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

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 case will be remanded to the director for review and issuance of a ndw decision.

Eligibility for the Classification Sought Beyond the decision of the director, the petitioner has also not established that the beneficiary is qualified for the offered position .

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

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.

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.