54 decisions

The Director concluded that the record did not establish the Beneficiary's possession of the minimum required education for the offered position or the requested classification.

The Director found that the Beneficiary does not qualify for the classification of advanced degree professional because he does not have a foreign equivalent degree to a U.

The record contains corroborating experience letters from The Director's decision denying the petitiOn concluded that the Beneficiary did not satisfy the requirements of the labor certification because he did not possess an advanced degree.

The director's decision denying the petition concludes that the beneficiary's Bachelor of Commerce degree, consisting of three years of unrelated course work, and his postgraduate certificate, consisting of six courses in computer networks , together do not meet the educational requirement of the labor certification.

Therefore, since the beneficiary's MBA from is not from an accredited institution of higher education, it does not qualify as an advanced degree within the meaning of 8 C.

The director found that the petitioner had not established that he qualifies for the classification sought.

Therefore, the director determined that the petitioner had failed to establish that the beneficiary satisfied the requirements of the labor certification and denied the petition.

The petitioner also has not established that it had sufficient net income to pay the proffered wages of its other sponsored workers in any of the years at issue.

After reviewing all of the evidence in the record, it is concluded that the petitioner has failed to establish that the beneficiary possessed at least a U.

The director denied the petition on November 17, 2010, concluding that the petitioner failed to establish its continuing ability to pay the proffered wage.

[p12] (b)(6) NON-PRECEDENT DECISION Page 12 After reviewing all of the evidence in the record, it is concluded that the petitioner has failed to establish that the beneficiary possessed at least a U.

We did not, however, find the visa petition to be approvable as the record failed to establish that the beneficiary held an advanced degree in a field required by the labor certification.

The director's decision denying the petition concludes that the petitioner has not established that the beneficiary had the required five years of post-graduate experience to qualify as having an advanced degree under section 203(b)(2) ofthe Act.

Therefore, based on the conclusions of EDGE and the evidence in the record, the petitioner has not established that the beneficiary possesses a degree that is, by itself, the foreign equivalent of a U.

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

Evidence in the record did not establish that the beneficiary possessed the Master's degree required for classification as an advanced degree professional and to meet the minimum educational requirements of the offered position as set forth on the labor certification.

bachelor's degree, and therefore, he does not meet the education requirements of the ETA Form 9089 and the requirements for classification as an advanced degree professional.

The director's decision denying the petition states that the beneficiary does not have the qualifications required by the labor certification, as the petitioner has not established that the beneficiary has the special skills listed on the Form ETA 9089 at H.

Therefore, the submitted experience letters do not establish that the beneficiary possessed five years of post-baccalaureate experience in the specialty.

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.