939 decisions
newest first- DismissedEB-2 · Motion2016-12-22· old NYSDOT testPhysical therapy serviceDEC222016_01B5203Other / unclear
- DismissedEB-2 · Appeal2016-12-22· old NYSDOT testProvider of information technology development and consulting servicesDEC222016_02B5203Computing, AI & data
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.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen2016-12-21· old NYSDOT testVice president of engineering servicesDEC212016_01B5203Engineering
The Director found that the Petitioner did not establish that the Beneficiary had the requisite educational degree to qualify for the job offered, and also did not establish its ability to pay the proffered wage of the job offered.
Claims not backed by documents - DismissedEB-2 · Appeal2016-12-21· old NYSDOT testProvider of software development servicesDEC212016_02B5203Computing, AI & data
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.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - DismissedEB-2 · Appeal2016-12-19· old NYSDOT testPublic school systemDEC192016_01B5203Education
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not establish that the position requires someone of exceptional ability.
Exceptional ability not established - SustainedNIW · Appeal2016-12-12· old NYSDOT testCorrosion science engineerDEC122016_01B5203Engineering
· Thus, the rem~iriing issue in contention is ~hether the Petitioner has established that a waiver of the job offer requirement, and thus a labor certification, is in the national interest according to the three-pronged analysis set forth inNYSDOT.
Citation record not persuasiveArgued the field's importance, not the endeavor's - DismissedEB-2 · Appeal2016-12-06· old NYSDOT testWireless location technology companyDEC062016_01B5203Other / unclear
The Director found that the Petitioner did not establish its ability to pay the proffered wage of the job offered from the priority date of the petition onward.
Inconsistencies in the record - DismissedEB-2 · Appeal2016-12-05· old NYSDOT testOperator of automotive dealershipsDEC052016_01B5203Engineering
The Director concluded that the record did not establish the Beneficiary's possession of the educational credentials required for the offered position and the requested classification.
Degree not shown to be a U.S. advanced degree equivalent - RemandedEB-2 · Appeal2016-12-02· old NYSDOT testProvider of information technology consulting and software development servicesDEC022016_01B5203Computing, AI & data
Upon de novo review, we will therefore remand the matter to the Director.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - DeniedNIW · Certification2016-12-02· old NYSDOT testScience teacherDEC022016_02B5203Education
The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that he had not established that a waiver of a job offer would be in the national interest.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or successRelied on a labor shortage - DismissedEB-2 · Appeal2016-12-01· old NYSDOT testEnvironmental services businessDEC012016_01B5203Energy, environment & agriculture
The Director, Nebraska Service Center, denied the petition, as he found the record did not establish that the Beneficiary had the employment experience required by the labor certification.
Inconsistencies in the record - DismissedEB-2 · Appeal2016-09-30· old NYSDOT testProvider of healthcare servicesSEP302016_05B5203Clinical & health
The Director found that the Petitioner did not establish that the Beneficiary holds an advanced degree.
Degree not shown to be a U.S. advanced degree equivalent - MotionNIW · Motion to reopen & reconsider2016-08-31· old NYSDOT testRegistered nurseAUG312016_01B5203Clinical & health
We specifically and thoroughly discussed the Petitioner's submissions and determined that she did not establish eligibility for the uriderlying classification as she did not demonstrate that she is a member of the professions or that she qualifies as an individual of exceptional ability.
- DismissedEB-2 · Appeal2016-08-29· old NYSDOT testStaffing and recruitment businessAUG292016_01B5203Business & finance
The Director, Texas Service Center, denied the petition, concluding that the Petitioner had not established that it had the ability to pay the proffered wage to the Beneficiary.
- UnknownNIW · Appeal2016-08-26· old NYSDOT testEnvironmental science researcherAUG262016_01B5203Energy, environment & agriculture
The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that he had not established that a waiver of a job offer would be in the national interest.
Citation record not persuasiveClaims not backed by documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sNo broader implications shown+3 more - SustainedEB-2 · Appeal2016-08-25· old NYSDOT testProvider of information technology servicesAUG252016_01B5203Computing, AI & data
- DismissedEB-2 · Appeal2016-08-25· old NYSDOT testPhysician in FloridaAUG252016_02B5203Clinical & health
The Director, Texas Service Center, denied the petition, finding that the Petitioner did not establish that the Beneficiary qualifies under the U.
Claims not backed by documentsInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2016-08-22· old NYSDOT testAerospace engineerAUG222016_01B5203Engineering
He found that the Petitioner did not establish that a waiver of the job offer requirement is in the national interest.
Tried to change the endeavor after filingEvidence submitted too late - SustainedEB-2 · Appeal2016-08-18· old NYSDOT testQuantitative tools design firmAUG182016_01B5203Other / unclear
Upon review of the entire record, including evidence submitted on appeal, we conclude that the Petitioner has established that it had the continuing ability to pay the proffered wage.
- DismissedEB-2 · Appeal2016-08-16· old NYSDOT testReligious organization/churchAUG162016_01B5203Education
The Director determined that the Petitioner had not established that the Beneficiary possessed an advanced degree required for the offered position and for classification as an advanced degree professional.
Citation record not persuasive