22 decisions

The Director of the Texas Service Center denied the petition, concluding the record did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.

The Director concluded that the Petitioner did not demonstrate its required ability to pay the combined proffered wages of this and other Form 1-140 petitions.

Because the record at the time of the NOIR's issuance did not establish the bona fides of the job opportunity or the validity of the accompanying labor certification, the Director properly issued the NOIR.

28, 2013) (finding that an employer did not establish a bona fide job opportunity where the beneficiary was the cousin of three shareholders, including two majority shareholders who made all of the employer's hiring decisions); Matter of Dr.

The director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.

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.

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum education requirements stated oil the labotcettification.

If the petitioner does not establish that it employed and paid the beneficiary an aJ,llount at least equal to the proffered wage during that period, users will next examine the net income figure reflected on the petitioner's federal income tax return, without consideration of depreciation or other expenses.

qecision denying the petition stated that the petitioner had not established that the beneficiary had the required experienCe as stated on the labor certification .

The director revoked the approval of the petition after concluding that the record did not establish that the benericiary was qualified for the offered position and that the labor certification was gained through fra11d or willful misrepresentation of a material fact.

The director determined that the petitioner had multiple Form 1- 140 petitions, either pending or approved but not yet adjusted, and that the petitioner had failed to demonstrate that it had the continuing ability to pay all the approved of the beneficiaries' wages 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.

Furthermore, the petitioner has not demonstrated that the evaluator's statement is based upon reliable evidence; in that the information provided in the employment statements submitted by the petitioner contradict each other and the statements conflict with the beneficiary ' s sworn statements on the ETA Form 9089.

Therefore, the petitioner has not demonstrated that the beneficiary is qualified to perform the duties of the proffered position.

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.

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.

Upon reviewing the petition, the director determined that the petitioner failed to demonstrate that the beneficiary satisfied the minimum level of education required by the labor certification.