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169 decisions

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Failed NYSDOT (old test) Failed Step 0 Computing, AI & data Engineering Physical sciences & math Clear all
  1. DismissedEB-2 · Appeal2016-06-02· old NYSDOT test
    Information technology support and services companyJUN022016_01B5203
    Computing, 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
  2. DismissedEB-2 · Certification2016-02-09· old NYSDOT test
    Electrical contractorFEB092016_07B5203
    Engineering

    The Director determined that the Beneficiary did not qualify for classification as an advanced degree professional under section 203(b )(2) of the Act, or meet the minimum requirements on the labor certification to qualify for the job offered.

    Claims not backed by documentsFive years of progressive experience not documented
  3. MotionNIW · Motion to reopen2015-08-25· old NYSDOT test
    Occupation not statedAUG252015_01B5203
    Engineering

    The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.

    Not eligible at the time of filingExceptional ability not establishedSupport letters generic or unsupported
  4. SustainedNIW · Appeal2015-08-06· old NYSDOT test
    Mechanical engineering researcherAUG062015_01B5203
    Engineering

    The sole issue in contention is whether the petitioner has established that a waiver of the job offer requirement , and thus a labor certification, is in the national interest.

  5. DismissedNIW · Appeal2015-06-12· old NYSDOT test
    Mathematics teacherJUN122015_02B5203
    Physical sciences & math

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
  6. DismissedNIW · Appeal2015-06-05· old NYSDOT test
    Engineer willJUN052015_02B5203
    Engineering

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    No interest from users, customers or investors
  7. DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
    ResearcherAPR222015_01B5203
    Engineering

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Not 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
  8. DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
    Occupation not statedAPR222015_02B5203
    Computing, AI & data

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Claims not backed by documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investorsPast record does not show influence or success
  9. DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
    Occupation not statedAPR222015_04B5203
    Physical sciences & math

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
  10. DismissedNIW · Motion to reopen & reconsider2015-04-15· old NYSDOT test
    Occupation not statedAPR152015_01B5203
    Computing, AI & data

    The director found that the petitioner had not established that he qualifies for the classification sought.

    Claims not backed by documentsNot eligible at the time of filing
  11. DismissedEB-2 · Motion to reopen & reconsider2015-02-10· old NYSDOT test
    Occupation not statedFEB102015_04B5203
    Computing, AI & data

    The petitioner also has not established that it had sufficient net income to pay the proffered wages of its other sponsored workers in any of the years at issue.

    Inconsistencies in the record
  12. DismissedNIW · Motion to reopen & reconsider2015-01-16· old NYSDOT test
    Occupation not statedJAN162015_01B5203
    Engineering

    The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.

    Support letters generic or unsupportedNo interest from users, customers or investors
  13. DismissedNIW · Motion to reopen & reconsider2014-12-15· old NYSDOT test
    Occupation not statedDEC152014_01B5203
    Engineering

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors
  14. DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
    Occupation not statedDEC082014_01B5203
    Engineering

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Claims not backed by documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors
  15. DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
    Occupation not statedDEC082014_02B5203
    Physical sciences & math

    The director found that the petitioner qualifies for the classification sought, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Claims not backed by documentsArgued 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
  16. DismissedEB-2 · Motion to reopen & reconsider2014-09-18· old NYSDOT test
    Occupation not statedSEP182014_01B5203
    Computing, AI & data

    We did not, however, find the visa petition to be approvable as the record failed to establish that the beneficiary held an advanced degree in a field required by the labor certification.

    Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented
  17. DeniedEB-2 · Motion to reopen & reconsider2014-08-14· old NYSDOT test
    Occupation not statedAUG142014_03B5203
    Computing, AI & data

    The director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.

    Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record
  18. RemandedNIW · Appeal2014-04-22· old NYSDOT test
    Occupation not statedAPR222014_01B5203
    Physical sciences & math

    Because the petitioner has not established eligibility for the benefit sought, we will remand the petition for a new decision.

    Citation record not persuasiveInconsistencies in the record
  19. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_03B5203
    Engineering

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States .

    Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+1 more
  20. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_08B5203
    Engineering

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investorsPast record does not show influence or success