104 decisions

The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possesses a foreign degree that is equivalent to a U.

The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary held a master's degree in the fields of computer science or engineering as required by the labor certification or that the Petitioner had demonstrated its ability to pay the proffered wage.

Upon de novo review, we will withdraw the decision of the Director and remand the matter for further proceedings consistent with the foregoing opinion and for the entry of a new decision.

Upon de novo review, we will withdraw the Director's decision and remand the matter for further proceedings consistent with the following opinion and for the entry of a new decision.

1 For the reasons noted above, we find that the Petitioner has not established that the job;offer portion of the labor certification requires a professional holding an advanced degree or its equivalent, and as such, the labor certification does not support the requested classification.

The Director also noted that the record: 1) contained inconsistencies regarding the Beneficiary's experience; 2) did not establish the Beneficiary's possession of the education required for the job offered and the requested classification; and 3) did not estaqlish the Petitioner's ability to pay the Beneficiary the proffered wage.

By accepting a combination of educational credentials in lieu of a single bachelor's degree, the labor certification does not demonstrate that the job requires an advanced degree professional.

The Director determined that the job offer did not require a minimum of a bachelor's degree in both the primary and the alternate stated requirements and, therefore, the petition did not meet the requirements for classification as a professional with an advanced degree.

The Director concluded that the record did not establish the Beneficiary's possession of the minimum required education for the offered position or the requested classification.

The Director concluded that the record did not establish the Beneficiary's possession of the educational credentials required for the offered position and the requested classification.

Upon de novo review, we will therefore remand the matter to the Director.

The Director found that the record did not establish the Petitioner's ability to pay the proffered wage or the bona fides of the job offer.

Therefore, the Petitioner has not established that the minimum requirements of the proffered job.

On appeaL the Petitioner states that the Beneficiary qualities tor the position and the Director's finding that the position did not qualify as an advanced degree professional is unreasonable.

The Director found that the Beneficiary does not qualify for the classification of advanced degree professional because he does not have a foreign equivalent degree to a U.

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.

The Director found that the Beneficiary does not qualify for the profTered position because he does not have a bachelor"s degree or a master's degree in a field of study specified in the labor certification.

The Director determined that the Petitioner had not established that the Beneficiary met the minimum requirements of the labor certification.

On March 18, 2013, the Director denied the petition on the ground that the evidence of record did not establish that the Beneficiary has a U .

0 • The Director concluded that the record at the time of the petition's approval did not establish the Petitioner's continuing ability to pay the Beneficiary's proffered wage.