1,386 decisions

" Since an individual can qualify for the offered position with less than a degree above a baccalaureate, or 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.

1 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 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.

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.

The AAO ultimately dismissed the appeal finding that the evidence in the record did not establish that the beneficiary possessed a U.

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 and denied the petition accordingly.

The director denied the petition on January 23, 2001 concluding that the petitioner failed to establish that the beneficiary is the holder of an advanced degree, or equivalent, or is of exceptional ability in the sciences, arts, or business.

bachelor's degree or foreign equivalent degree and therefore does not qualify for classification as an advanced degree professional.

The director determined that the petitioner had failed to establish that the beneficiary possessed the employment experience required on the ETA Form 9089 and denied the petition accordingly.

As the petitioner has not had an opportunity to address the issue related to the sponsorship of multiple beneficiaries or whether the beneficiary's degree is in one of the subjects required by the terms of the labor certification, we will remand the petition back to the director to allow the petitioner to address these issues.

The evidence submitted does not establish that the petition is supported by an approved Form ETA 9089, or that the beneficiary possesses an advanced degree or exceptional ability, or that a bona fide job opportunity exists.

The petition is not approvable, however, as the beneficiary does not meet the minimum education qualifications of the position.

The director found that the record did not establish that the beneficiary held a U.

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's decision denying the petition concluded that the record did not establish that the petitioner had the ability to pay the proffered wage as of the priority date.

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 late appeal did not meet the requirements of a motion and forwarded the matter to the AAO.