104 decisions

As such, it did not qualify him for classification as an advanced degree professional under section 203(b )(2) of the Act, and did not qualify him for the job offered under the terms of the labor certification.

master's degree, he does not qualify for the proffered position under the terms of the labor certification based solely on his education.

On November 18, 2013, the Director denied the petition on the ground that the petitioner failed to establish that the beneficiary has a U.

We did not, however, find the visa petition to be approvable as the record failed to establish that the beneficiary held an advanced degree in a field required by 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 director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.

The director denied the petition after concluding that record did not establish that the beneficiary had met the minimum educational requirements of the labor certification as of the March 27, 2012 priority date.

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 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, since an individual can qualify for the offered position with a degree less than a baccalaureate (followed by five years of progressive experience in the specialty), the petition does not qualify for advanced degree professional classification.

In addition, the Director found that the record failed to establish that the beneficiary had the requisite five years of qualifYing experience.

The matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with the decision below.

bachelor's degree, 1 therefore the beneficiary did not possess the education required by the advanced degree professional classification2 and did not meet 1 The record contains copies of the diploma and transcripts for the beneficiary's three-year Bachelor of Commerce degree from India and a postgraduate diploma from the , India.

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.

The director's decision denying the petition concluded that the beneficiary did not satisfy the minimum educational requirements of the offered position and the requested preference classification.

2 Upon reviewing the petition, the acting director determined that the petitioner failed to establish that the beneficiary possessed the minimum .

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

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.

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.

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.