865 decisions

Upon de novo review, we will withdraw the Director's decision.

The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish, as required, that the Beneficiary met the minimum requirements for the proffered position.

Upon review of the entire record, we conclude that the Petitioner has established that the Beneficiary had all the education, training, and experience specified on the ETA Form 9089 as of the priority date, and that her education and experience make her eligible for classification as an advanced degree professional.

Upon review of the record in this matter, we find the Petitioner to have demonstrated that the oftered position entails a 35-hour work week.

The Director found that the evidence of record did not establish that the Beneficiary had the requisite combination of education and qualifying experience, specifically, a bachelor's degree and 5 years of post-baccalaureate experience in the specialty, to be eligible for classification as an advanced degree professional.

1 For the reasons noted above, we find that the Petitioner has not established that the job;offer portion of the labor certification requires a professional holding an advanced degree or its equivalent, and as such, the labor certification does not support the requested classification.

The Director also noted that the record: 1) contained inconsistencies regarding the Beneficiary's experience; 2) did not establish the Beneficiary's possession of the education required for the job offered and the requested classification; and 3) did not estaqlish the Petitioner's ability to pay the Beneficiary the proffered wage.

The Director concluded that the record did not establish the Petitioner's ability to pay the proffered wage.

The Director, Texas Service Center, denied the petition, concluding that the record did not establish that the Beneficiary met the education and experience requirements of the offered position.

By accepting a combination of educational credentials in lieu of a single bachelor's degree, the labor certification does not demonstrate that the job requires an advanced degree professional.

After reviewing the record, including materials submitted on appeal, we find that the Petitioner has established that the position offered meets the minimum requirements for advanced degree professional classification under section 203(b)(2) of the Act.

The Director determined that the ETA Form 9089, Application for Permanent Employment Certification (labor certification), did not demonstrate that.

The Director determined that the job offer did not require a minimum of a bachelor's degree in both the primary and the alternate stated requirements and, therefore, the petition did not meet the requirements for classification as a professional with an advanced degree.

For these reasons, we find the Petitioner has established that the United States will benefit from the Beneficiary's contributions even assuming that other qualified U.

The Director concluded that the record did not establish the Petitioner's continuing ability to pay the proffered wage from the petition's priority date onward.

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.

Upon de novo review, we will therefore remand the matter to the Director.

The Director found that the record did not establish the Petitioner's ability to pay the proffered wage or the bona fides of the job offer.