865 decisions

The Director of the Nebraska Service Center denied the petition after determining that, based on the issuance date of the Beneficiary's university statement of marks, the Petitioner had not shown that he had the five years of post-baccalaureate experience required to establish the equivalent of an 1 advanced degree.

The Nebraska Service Center Director denied the petitiOn, concluding that the record did not establish, as required, that the labor certification supported classification of the position in the advanced degree professional category because it stated education and experience requirements that could be read as requiring less than an advanced degree.

The Director of the Nebraska Service Center found that, based on the issuance date of the Beneficiary's baccalaureate degree diploma, the Petitioner had not shown that the Beneficiary had the six years ofpost-baccalaureate experience required by the labor certification.

Upon review of the entire record, including the additional evidence submitted on appeal, we conclude that the Petitioner has established that it more likely than not has had the ability to pay the proffered wage from the priority date.

ncluding that the record did not establish that the Beneficiary had the five years of post-baccalaureate experience required for classification as an advanced degree professional.

Upon de novo review of the record, we will withdraw the Director's decision and remand this matter for further action consistent with this opinion.

The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established its ability to pay the Beneficiary the proffered wage.

But, because the record does not establish the Petitioner's ability to pay the proffered wage, we will remand the matter to the Director for further proceedings.

The Director of the Texas Service Center denied the petition on the ground that the evidence of record did not establish the Petitioner's continuing ability to pay the proffered wage from the priority date up to the present.

· Upon de novo review, we will withdraw the Director's decision and remand the matter for further consideration consistent with the following opinion.

The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary held a master's degree in the fields of computer science or engineering as required by the labor certification or that the Petitioner had demonstrated its ability to pay the proffered wage.

The Director of the Nebraska Service Center found that, based on the issuance date of the Beneficiary's baccalaureate degree diploma, the Petitioner had not shown that he had the five years 1 On appeal, the Petitioner contends that the Beneficiary has the required five years of progressive post-baccalaureate experience, as the Beneficiary earned his degree prior to the date his diploma was issued.

Upon de novo review, we will withdraw the decision of the Director and remand the matter for further proceedings consistent with the foregoing opinion and for the entry of a new decision.

The Director ofthe Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possessed the minimum educational requirements of the job offer.

The Director of the Texas Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary met the terms of the labor certification as of the priority date.

It accordingly remanded the case to the district court with instructions to examine what 16 contemplated by AC-21, has in effect adopted the original 1-140 petition.

Upon de novo review, we will withdraw the Director's decision and remand the matter for further proceedings consistent with the following opinion and for the entry of a new decision.

Upon de novo review, we will withdraw the Director's decision and remand the case to the Director for further consideration and the issuance ofa new decision.