400 decisions
newest first- 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 · Appeal2016-12-05· 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 - SustainedEB-2 · Appeal2016-08-25· old NYSDOT testProvider of information technology servicesAUG252016_01B5203Computing, AI & data
- 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 - 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 - DismissedNIW · Appeal2016-08-10· old NYSDOT testTeacher and autism education researcherAUG102016_01B5203Education
The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that she had not established that a waiver of a job offer would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - MotionEB-2 · Motion to reopen & reconsider2016-08-03· old NYSDOT testSoftware engineerAUG032016_01B5203Computing, AI & data
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.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Appeal2016-08-01· old NYSDOT testSoftware consulting and development businessAUG012016_01B5203Computing, AI & data
The Director determined that the Petitioner had petitioned for numerous beneficiaries and had not established its ability to pay the proffered wage each of those beneficiaries, and, therefore, could not establish its ability to pay the wage offered to the instant Beneficiary.
- DismissedNIW · Appeal2016-07-29· old NYSDOT testElementary school teacherJUL292016_02B5203Education
The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that she had not established that a waiver of a job offer would be in the national interest.
Citation record not persuasiveArgued 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 - SustainedNIW · Appeal2016-07-28· old NYSDOT testPetroleum geomechanics engineerJUL282016_01B5203Engineering
Therefore, on the basis of the evidence submitted, the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, will be in the national interest of the United States.
Argued the field's importance, not the endeavor's - DismissedEB-2 · Appeal2016-07-08· old NYSDOT testChurchJUL082016_01B5203Education
The Director concluded that the Petitioner had not demonstrated its ability to pay the proffered wage to the Beneficiary.
- SustainedNIW · Appeal2016-07-06· old NYSDOT testSenior engineer working on wireless communications technologyJUL062016_01B5203Engineering
The Petitioner in this case has established by a preponderance of the evidence that he qualifies as an advanced degree professional, and that a waiver of the job offer requirement will be in the national interest of the United States.
Argued the field's importance, not the endeavor'sSupport letters generic or unsupportedPast record does not show influence or success - DismissedEB-2 · Appeal2016-06-10· old NYSDOT testSenior real time programmer analystJUN102016_01B5203Computing, AI & data
Therefore, the Petitioner has not established that the minimum requirements of the proffered job.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2016-06-10· old NYSDOT testSenior programmer analystJUN102016_03B5203Computing, AI & data
On appeaL the Petitioner states that the Beneficiary qualities tor the position and the Director's finding that the position did not qualify as an advanced degree professional is unreasonable.
Degree not shown to be a U.S. advanced degree equivalent