226 decisions

on's revocation based on our finding that the Petitioner had not resolved the evidentiary discrepancies regarding the Beneficiary's work experience and therefore had not established that the Beneficiary met the experience requirement of the labor certification.

On appeal, we affirmed the Director's decision, agreeing that the Petitioner did not demonstrate its required ability to pay the proffered wage.

The Director concluded that, in addition to misrepresenting material facts, the Petitioner did not establish the Beneficiary's qualifications for the offered pos1t1on.

The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary had the requisite educational degree to meet the requirements ofthe labor certification and to qualify for advanced degree professional classification.

In this case, because the Director did not determine the Beneficiary's eligibility to participate in the revocation proceedings, we will withdraw the Director's decision and remand this matter for further proceedings consistent with the following decision.

The Director of the Texas Service Center denied the petition on the ground that the evidence of record did not establish the Petitioner's continuing ability to pay the proffered wage from the priority date up to the present.

we will withdraw the Director's decision and remand this matter for further proceedings consistent with the following opinion.

Upon de novo review, we will withdraw the Director's decision and remand this matter for further consideration consistent with the following opinion.

However, we affirmed the Director's decision to revoke the approval of the petition on the ground that the record did not establish the offered position was a bona fide job opportunity.

The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possessed the required experience and skills for the protTered pos1t10n.

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.

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.

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.

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.

In his decision the Director found that the Beneficiary did not have all of the experience specified on the labor certification to qualify for the job offered and that the Petitioner did not establish its continuing ability to pay the proffered wage from the priority date (January 29, 2013) up to the present.

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.