28 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.

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 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 beneficiary 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 denied the petition in 2007 on the ground that the petitioner failed to establish its continuing ability to pay the proffered wage of the specialty cook from the priority date of the petition (April 30, 2001) up to the present.

The director's decision concludes that the etitioner was not in business at the time of adjudication, and that the entity that filed the appeal, (FEIN J (appellant), did not establish that it had a successor-in-interest relationship with the petitioner.

The director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.

The director 's decision denying the petition concluded that the petitioner had not demonstrated that the beneficiary had the five years of progressive post-baccalaureate experience in the job offered prior to the priority date.

The director found 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.

~t the petitioner had "not shown that the beneficiary possesses an adva.

Nevertheless, because the express terms of the labor certificatio11 do not require a :r:naster's degree or a bachelor's degree from a college or university and five years of experience, the position does not qualify for classification as an advance 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.

S 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 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.

In the Notice of Certification dated September 5, 2013, 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, and that the petitioner had failed to establish that the beneficiary had met the minimum education, training or experience requirements as of the priority date.

If the petitioner does not establish that it employed and paid the beneficiary an aJ,llount at least equal to the proffered wage during that period, users will next examine the net income figure reflected on the petitioner's federal income tax return, without consideration of depreciation or other expenses.

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.