1,470 decisions

The Director of the Texas Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary met the terms of the labor certification as of the priority date.

It accordingly remanded the case to the district court with instructions to examine what 16 contemplated by AC-21, has in effect adopted the original 1-140 petition.

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.

Upon de novo review, we will withdraw the Director's decision and remand the case to the Director for further consideration and the issuance ofa new decision.

The Director determined that the Petitioner had not established its ability to pay the proffered wage from the priority date onward.

Upon de novo review, we will withdraw the Director's decision.

The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish, as required, that the Beneficiary met the minimum requirements for the proffered position.

Upon review of the entire record, we conclude that the Petitioner has established that the Beneficiary had all the education, training, and experience specified on the ETA Form 9089 as of the priority date, and that her education and experience make her eligible for classification as an advanced degree professional.

Upon review of the record in this matter, we find the Petitioner to have demonstrated that the oftered position entails a 35-hour work week.

The Director found that the evidence of record did not establish that the Beneficiary had the requisite combination of education and qualifying experience, specifically, a bachelor's degree and 5 years of post-baccalaureate experience in the specialty, to be eligible for classification as an advanced degree professional.

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.

The Director concluded that the record did not establish the Petitioner's ability to pay the proffered wage.

The Director, Texas Service Center, denied the petition, concluding that the record did not establish that the Beneficiary met the education and experience requirements of the offered position.

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.

After reviewing the record, including materials submitted on appeal, we find that the Petitioner has established that the position offered meets the minimum requirements for advanced degree professional classification under section 203(b)(2) of the Act.

The Director determined that the ETA Form 9089, Application for Permanent Employment Certification (labor certification), did not demonstrate that.