2,001 decisions

The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced.

The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional · holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.

Upon reviewing the petition, the director determined that the beneficiary did not meet the job qualifications stated on the labor certification.

Upon reviewing the petition, the director determined that th~ beneficiary did not meet the job qualifications stated on the labor certification.

The director denied the petition on July 5, 2012, having found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement Qf a job offer would be in the national interest of the United States.

Beyond the decision of the director, the petitioner has also failed to establish that the ETA Form 9089 supports a professional holding an advanced degree.

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum combination ofeducation and experience stated on the labor certification.

The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.

In particular, the petitioner failed to establish that the institution which granted the beneficiary a Master of Science' in International Business - .

The director determined that the petitioner had not established its continuing ability to pay the proffered wage to the beneficiary since the priority date.

· The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.

The AAO decision agreed with the director that the petitioner failed to establish that it possessed the continued ability to pay the proffered wage.

If we were to accept that any combination of education, experience and training was acceptable as the minimum requirements for the position, then this position would not meet the requirements for the EB-2 classification that is being sought and the petition would be rejected.

Upon reviewing the petition, the director determined that the petitioner failed to establish that the beneficiary met the job qualifications stated on the alien.

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.

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level .

Upon reviewing the petition, the director determined that the beneficiary did not satisfy .

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.

ut that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest ofthe United States.