36 decisions

The Director of the Nebraska Service Center denied the petition, concluding the record did not establish that the Beneficiary possessed a baccalaureate degree or its foreign equivalent as required to be eligible as a member of the professions holding an advanced degree.

[p2] the motion to reopen, withdraw the Director's decision, and remand the matter for entry of a new decision consistent with the following analysis.

The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.

The Director of the Nebraska Service Center revoked the approval of the petition, concluding that the job offered to the Beneficiary does not qualify for advanced degree professional classification.

The Director also informed the Petitioner that the record did not establish its ability to pay the proffered wage, as it submitted only its 2010 federal income tax return with the petition, which was before the 2011 priority date.

Upon de nova review, we will withdraw the Director's decision and remand the case for further consideration and the issuance of a new decision.

The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the job offered to the Beneficiary does not qualify for advanced degree professional classification.

the position will not qualify for advanced degree professional classification.

The Nebraska Service Center Director denied the petitiOn, concluding that the record did not establish, as required, that the labor certification supported classification of the position in the advanced degree professional category because it stated education and experience requirements that could be read as requiring less than an advanced degree.

Upon de novo review, we will withdraw the decision of the Director and remand the matter for further proceedings consistent with the foregoing opinion and for the entry of a new decision.

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

The Director found that the Beneficiary does not qualify for the classification of advanced degree professional because he does not have a foreign equivalent degree to 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.

In a decision dated December 20, 2014, the Director denied the petition on the ground that the minimum educational and experience requirements on the labor certification did not demonstrate that a master's degree or a baccalaureate degree and five years of progressively responsible experience is required to qualify for the job.

The Director found that the petitioner did not establish the beneficiary's five years of progressive post-bachelor work experience in the job offered or in an alternate occupation.

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.

As set forth in the director's December 6, 2013 denial, the primary issue is that the petitioner did not establish the beneficiary's five years of progressive work experience.

The director's decision denying the petition states that the letters submitted did not demonstrate that the beneficiary had five years of progressive experience in positions of increasing complexity and involving greater responsibility.

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.