1,386 decisions

The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or the equiv~lent of an alien· of exceptional ability and, therefore, the beneficiary cannot be found qualified for blassificatioii as a member of the professions holding an advanced degree or an alien of exceptional ~bility.

The director determined that the petitioner had not established that it had the continuing ability to p~y the beneficiary the proffered wage beginning on the pri.

that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest ofthe United States.

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.

form 9089 failed to demonstrate that the·job requires a professional holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.

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

· The AAO dismissed the appeal on February 17, 2012, finding that the petitioner had not established its continuing financial ability to pay the proffered ~age and additionally concluding that the petitioner had not demonstrated that the beneficiary poJsessed the requisite employment experience as set forth 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 review of the entire record, the AAO finds that the petitioner has established that· the beneficiary meets the minimum eligibility requirements necessary to qualify as an alien of exceptional ability.

Therefore, in the instant case, the petitioner has not established that it paid the beneficiary the full proffered wage during any relevant timeframe ·including the period from the priority date on March 28, 2011 or subsequently.

" The Director concluded that the ·petitioner failed to show where the beneficiary would be working, misrepresented material fac_ts with regard to the beneficiary's place of intended employment, and eommitted fraud on the petition and supporting documentation.

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

The AAO will withdraw the director's decision and remand the matter for further action and consideration.

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

· The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.

The director determined that the evidence did not establish that the beneficiary possessed either a bachelor's or master's degree in the •major field listed on the ·ETA Form.

The director determined that the ETA ·Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.