113 decisions

The Director determined that the Beneficiary did not qualify for classification as an advanced degree professional under section 203(b )(2) of the Act, or meet the minimum requirements on the labor certification to qualify for the job offered.

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.

In a decision dated December 20, 2014, the Director denied the petition on the ground that the minimum educational and experience requirements on the labor certification did not demonstrate that a master's degree or a baccalaureate degree and five years of progressively responsible experience is required to qualify for the job.

The Director found that the petitioner did not establish the beneficiary's five years of progressive post-bachelor work experience in the job offered or in an alternate occupation.

The director found that the beneficiary did not meet the requirements for classification as an advanced degree professional.

The director's decision denying the petition states that the evidence submitted did not demonstrate that the beneficiary had 26 months of experience.

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.

As set forth in the director's December 6, 2013 denial, the primary issue is that the petitioner did not establish the beneficiary's five years of progressive work experience.

The director's decision denying the petition states that the letters submitted did not demonstrate that the beneficiary had five years of progressive experience in positions of increasing complexity and involving greater responsibility.

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.

Since Part H-14 provides that an individual can qualify for the offered position with less than a baccalaureate followed by five years of progressive experience in the specialty, the petition does not qualify for advanced degree professional classification.

However, the AAO determined that the petitioner had failed to establish that the beneficiary possesses all the experience requirements indicated on the labor certification, with five years of qualifying progressive employment experience in the job offered.

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.

Therefore, since the beneficiary's master's degree from is not from an accredited institution of higher education, it does not qualify as an advanced degree within the meaning of 8 C.

The director further determined that because the labor certification in the instant matter would allow for the combination of education, experience, and/or training that is "equivalent" to a bachelor's degree, the labor certification did not meet the classification of an E21, a member of the professions holding an advanced degree or an alien of exceptional ability.

The director also found that the petitioner had not established that the beneficiary possessed the required employment experience.

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 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.