447 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 - 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 - 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 - 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.
- 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.
- 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 - 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 testOccupation not statedJUN102016_02B5203Other / unclear
- 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 - DismissedEB-2 · Appeal2016-06-08· old NYSDOT testContract rehabilitation service providerJUN082016_01B5203Other / unclear
CONCLUSION The Petitioner has not established that it complied with the relevant notice of filing requirements for a Schedule A occupation.
- DismissedEB-2 · Appeal2016-06-02· old NYSDOT testInformation technology support and services companyJUN022016_01B5203Computing, AI & data
The Director found that the Beneficiary does not qualify for the classification of advanced degree professional because he does not have a foreign equivalent degree to a U.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented