586 decisions

Therefore, whether a· given alien seeks classification as an alien of exceptional ability, or as a member of the professions holding an advanced degree, that alien cannot qualify for a waiver just by demonstrating a degree of expertise significantly above that ordinarily encountered in his or her field of expertise.

The Director concluded that the evidence of record did not establish that the beneficiary meets the admissibility requ~rements for a physician under the Act and did not establish that the beneficiary is qualified for the proffered position.

In short, the petitioner has not shown how the proffered position qualifies as an advanced practice nurse.

The petition was denied by the Director on May 8, 2009, on two grounds: (1) it was filed less than the 30 days after the removal of the notice of filing of an Application for Permanent Employment Certification (ETA Form 9089), in violation of applicable regulations, and (2) the petitioner did not establish its ability to pay the proffered wage of the subject position.

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 frorri the requirement of a job offer would be iri the national interest of the United States.