777 decisions

The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's continuing ability to pay the proffered wage.

Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.

Otherwise, a record would not establish that a degree resulted from completion of aneducationalprogramofacceptablequality.

ANALYSIS The sole issue to be determined is whether the Petitioner has established that a waiver of the For the reasons discussed below, we find the Petitioner has established See Dhanasar, 26 T&N Dec.

The Director concluded that the Petitioner did not demonstrate the Beneficiary's possession of a bachelor's degree in the field of study required by the offered position.

Upon de nova review, we will withdraw the Director's finding with regard to the Petitioner's ability to pay the proffered wage.

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 of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that it was the successor-in-interest to the entity that filed the labor certification.

The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that he had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

Accordingly, we will withdraw the Director's finding to the contrary.

ANALYSIS The sole issue to be determined is whether the Petitioner has established that a waiver of the we find the Petitioner has established eligibility for a national interest waiver under the analytical framework set forth in Dhanasar.

The Director concluded that the Petitioner did not demonstrate the Beneficiary's possession of the minimum educational requirements o f the requested classification and the offered position.

Upon de novo review, we will remand the matter to the Director for further consideration and entry of a new decision.

The Director concluded that the Petitioner did not demonstrate its required ability to pay the combined proffered wages of this and other positions that it offered to foreign nationals.

The Director concluded that the Petitioner did not demonstrate its required ability to pay the position's proffered wage.

The evidence submitted by the Beneficiary does not establish that the prior decision to deny the motion to reopen as untimely was incorrect.

Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.

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.

WewillthereforeremandthemattertotheDirectorforfarther fact finding regarding the correct receipt date of the motion.