17 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.

In his decision certifying the matter to us, the Director determined that the Beneficiary did not meet the requirements of the labor certification as orthe priority date.

The Director concluded that the record did not establish the Petitioner's continuing ability to pay the proffered wage or the Beneficiary's qualifying experience for the offered position.

The Acting Director concluded that the record did not establish the Beneficiary's possession of the educational qualifications for the offered position.

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.

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.

The director determined that the petitioner failed to demonstrate its ability to pay the proffered wage and that the petitioner, was the same entity as The director denied the petition on February 13, 2012.

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.

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 petitioner had multiple Form 1- 140 petitions, either pending or approved but not yet adjusted, and that the petitioner had failed to demonstrate that it had the continuing ability to pay all the approved of the beneficiaries' wages beginning on the priority date of the visa petition.

The director found that "the beneficiary has not met all of the terms listed on the application for labor certification" and that "the beneficiary cannot be found to be qualified for the position.

The director determined that the petitioner had not established that it had the ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition and continuing until the beneficiary obtains lawful permanent residence.

Upon reviewing the petition, the director determined that the petitioner failed to demonstrate that the beneficiary satisfied the minimum level of education required by the labor certification.

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 woul4 be in the national interest of the United States.