2,079 decisions

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 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.

The di~ector 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 intere~t of the United States.

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

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

If the director determines that the untimely appeal does not meet the requirements of a motion, no new decision will be issued.

5(a)(4) states that a motion which does not meet applicable requirements must be dismissed.

The director determined that the late appeal did not meet the requirements of a motion and forwarded the matter to the AAO.

The director determined that the late appeal did not meet the requirements of a motion and forwarded the matter to the AAO.

The director found that the p~tltioner qualifies for classification as a member of i the professions holding an advanced degree, b:u,t that the p~titioner has not established that' an exempti,on from the requirement of a job offer · wop.