7 decisions

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

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 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.

Therefore, the petitioner has not demonstrated that the beneficiary is qualified to perform the duties of the proffered position.

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