27 decisions

The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability or that a waiver of the requiredjoboffer,andthusofthelaborcertification,wouldbeinthenationalinterest.

The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possesses a foreign degree that is equivalent to a U.

The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary held a master's degree in the fields of computer science or engineering as required by the labor certification or that the Petitioner had demonstrated its ability to pay the proffered wage.

The Director found that the record did not establish the Petitioner's ability to pay the proffered wage or the bona fides of the job offer.

On March 18, 2013, the Director denied the petition on the ground that the evidence of record did not establish that the Beneficiary has a U .

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.

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 concluded that the pet1t10ner failed to demonstrate the beneficiary ' s qualifying educational requirements for the offered position as required by the labor certification and for classification as an advanced degree professional.

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.

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 .