20 decisions

The Director concluded that the Petitioner did not demonstrate its required ability to pay the combined proffered wages of this and other Form 1-140 petitions.

Because the record at the time of the NOIR's issuance did not establish the bona fides of the job opportunity or the validity of the accompanying labor certification, the Director properly issued the NOIR.

Invalidation of the Labor Certification The Director invalidated the labor certification and denied the petition after concluding that the record did not establish that the Petitioner had extended a valid full-time offer of employment to the Beneficiary.

28, 2013) (finding that an employer did not establish a bona fide job opportunity where the beneficiary was the cousin of three shareholders, including two majority shareholders who made all of the employer's hiring decisions); Matter of Dr.

The director's decision concluded that the proffered position's minimum education and experience requirements did not meet the standard for classification as an advanced degree professional.

Nevertheless, the record does not establish that the petitioner · did not intend to employ the beneficiary at the time of filing the application for labor certificCJ.

The director found that the petitioner qualifies for classification as a member of the professions with the equivalent of an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum education requirements stated oil the labotcettification.

The director revoked the approval of the petition after concluding that the record did not establish that the benericiary was qualified for the offered position and that the labor certification was gained through fra11d or willful misrepresentation of a material fact.

The director determined that the petitioner failed to demonstrate a continuing ability to pay the proffered wage beginning on the priority date.

The director determined that the petitioner had multiple Form 1- 140 petitions, either pending or approved but not yet adjusted, and that the petitioner had failed to demonstrate that it had the continuing ability to pay all the approved of the beneficiaries' wages beginning on the priority date of the visa petition.

Furthermore, the petitioner has not demonstrated that the evaluator's statement is based upon reliable evidence; in that the information provided in the employment statements submitted by the petitioner contradict each other and the statements conflict with the beneficiary ' s sworn statements on the ETA Form 9089.

The director found that "the beneficiary has not met all of the terms listed on the application for labor certification" and that "the beneficiary cannot be found to be qualified for the position.

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.

[p3] (b)(6) Page 3 On April 26, 2012, the AAO issued a Notice of Intent to Deny and Request for Evidence (NOID!RFE), indicating that it intended to withdraw the Director's recommended approval of the petition because the record did not establish that the beneficiary's Indian education is equivalent to a -U.

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.

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.

5(k)(2), but determined that the beneficiary would still not qualify for the proffered position because the labor certification specified that a master's degree was required, with no provision for the alternate combination of a bachelor's degree and five years of experience.