1,298 decisions

The case will be remanded to the director for further review and entry of a new decision.

The director denied the petition on August 3, 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 of a job offer would be in the national interest of the United States.

The director found that the petitioner did not qualify for classification as an alien of exceptional ability in the arts, or that an exemption from the requirement of a job offer would be in the national interest of the United States.

bachelor's degree, 1 therefore the beneficiary did not possess the education required by the advanced degree professional classification2 and did not meet 1 The record contains copies of the diploma and transcripts for the beneficiary's three-year Bachelor of Commerce degree from India and a postgraduate diploma from the , India.

As the director did not address these issues in the decision, the petition will be remanded for the director to consider the issues and enter a new decision.

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.

The AAO will withdraw the director's decision; however, because the petition is not approvable, it is remanded for further action and consideration.

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.

In the instant case, the petitioner has not established that it employed and paid the beneficiary the full proffered wage from the priority date.

Upon reviewing the petition, the director determined that the evidence did not establish that the beneficiary possessed the required degree in the major field listed on the labor certification and did not establish that the beneficiary had the requisite work experience.

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 petitioner failed to demonstrate that the beneficiary satisfied the minimum level of education required by the labor certification.

A motion that does not meet applicable requirements shall be dismissed.

The director's decision denying the petition concluded that the beneficiary did not satisfy the minimum educational requirements of the offered position and the requested preference classification.

The director's decision denying the petition concluded that: • the offered position did not meet the minimum requirements for classification as a member of the professions holding an advanced degree; • the petitioner had not established that the beneficiary possessed the two years of experience and other special requirements set forth on the labor certification; and • the petitioner had not established its continuing ability to pay the proffered wage from the priority date.

Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.