169 decisions

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Failed NYSDOT (old test) Failed Step 0 Computing, AI & data Physical sciences & math Engineering Clear all

DismissedEB-2 · Motion to reopen & reconsider2014-04-03· old NYSDOT test
Occupation not statedAPR032014_06B5203
Computing, AI & data
Therefore, the petition does not qualify for advanced degree professional classification There is no provision in statute or regulation that compels U.
DismissedEB-2 · Motion to reopen & reconsider2014-02-27· old NYSDOT test
Occupation not statedFEB272014_02B5203
Computing, AI & data
The director's decision denying the petition states that the letters submitted did not demonstrate that the beneficiary had five years of progressive experience in positions of increasing complexity and involving greater responsibility.
Five years of progressive experience not documented
DismissedNIW · Motion to reopen & reconsider2014-01-15· old NYSDOT test
Occupation not statedJAN152014_01B5203
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.
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 success
DismissedNIW · Motion to reopen & reconsider2014-01-10· old NYSDOT test
Occupation not statedJAN102014_01B5203
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
DismissedNIW · Motion to reopen & reconsider2014-01-09· old NYSDOT test
Occupation not statedJAN092014_05B5203
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.
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 success
DismissedNIW · Motion to reopen & reconsider2014-01-08· old NYSDOT test
Occupation not statedJAN082014_01B5203
Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding the equivalent of 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 interest from users, customers or investorsPast record does not show influence or success
DismissedNIW · Motion to reopen & reconsider2014-01-07· old NYSDOT test
Occupation not statedJAN072014_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.
Claims not backed by documentsNo interest from users, customers or investors
MotionEB-2 · Motion to reopen & reconsider2014-01-03· old NYSDOT test
Occupation not statedJAN032014_01B5203
Physical sciences & math
The director concluded that the pet1t10ner failed to demonstrate the beneficiary ' s qualifying educational requirements for the offered position as required by the labor certification and for classification as an advanced degree professional.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record
UnknownNIW · Motion to reopen & reconsider2013-12-05· old NYSDOT test
Occupation not statedDEC052013_14B5203
Physical sciences & math
S not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Exceptional ability not establishedSupport letters generic or unsupportedNo interest from users, customers or investorsPlan or projections not corroborated
DismissedNIW · Motion to reopen & reconsider2013-11-27· old NYSDOT test
Occupation not statedNOV272013_04B5203
Engineering
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordEvidence submitted too late
RemandedEB-2 · Appeal2013-11-12· old NYSDOT test
Occupation not statedNOV122013_04B5203
Physical sciences & math
The director's decision will be withdrawn, and the matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with below.
Inconsistencies in the record
DismissedNIW · Motion to reopen & reconsider2013-11-05· old NYSDOT test
Occupation not statedNOV052013_01B5203
Computing, AI & data
The director found that the petitioner qualifies for classification as a member of the professions with progressive post-baccalaureate experience equivalent to a master's 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'sSupport letters generic or unsupportedNo interest from users, customers or investors
DismissedNIW · Motion to reopen & reconsider2013-10-08· old NYSDOT test
Occupation not statedOCT082013_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.
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
DismissedEB-2 · Motion to reopen & reconsider2013-09-04· old NYSDOT test
Occupation not statedSEP042013_02B5203
Engineering
Since Part H-14 provides that an individual can qualify for the offered position with less than a baccalaureate followed by five years of progressive experience in the specialty, the petition does not qualify for advanced degree professional classification.
Five years of progressive experience not documentedInconsistencies in the record
DismissedEB-2 · Motion to reopen & reconsider2013-08-28· old NYSDOT test
Occupation not statedAUG282013_01B5203
Engineering
Therefore, since an individual can qualify for the offered position with a degree less than a baccalaureate (followed by five years of progressive experience in the specialty), the petition does not qualify for advanced degree professional classification.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented
DismissedEB-2 · Motion to reopen & reconsider2013-08-22· old NYSDOT test
Occupation not statedAUG222013_04B5203
Engineering
Therefore, since the beneficiary's master's degree from is not from an accredited institution of higher education, it does not qualify as an advanced degree within the meaning of 8 C.
Five years of progressive experience not documented
DismissedEB-2 · Motion to reopen & reconsider2013-08-16· old NYSDOT test
Occupation not statedAUG162013_05B5203
Computing, AI & data
The director further determined that because the labor certification in the instant matter would allow for the combination of education, experience, and/or training that is "equivalent" to a bachelor's degree, the labor certification did not meet the classification of an E21, a member of the professions holding an advanced degree or an alien of exceptional ability.
Five years of progressive experience not documented
DismissedEB-2 · Motion to reopen & reconsider2013-07-26· old NYSDOT test
Occupation not statedJUL262013_01B5203
Computing, AI & data
The director also found that the petitioner had not established that the beneficiary possessed the required employment experience.
Five years of progressive experience not documentedInconsistencies in the record
MotionEB-2 · Motion to reopen & reconsider2013-07-17· old NYSDOT test
Occupation not statedJUL172013_01B5203
Computing, AI & data
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition , and the beneficiary did not satisfy the minimum level of experience stated on the Form ETA 750.
Claims not backed by documentsInconsistencies in the record
UnknownEB-2 · Motion to reopen & reconsider2013-06-20· old NYSDOT test
Occupation not statedJUN202013_03B5203
Computing, AI & data
The director found that "the beneficiary has not met all of the terms listed on the application for labor certification" and that "the beneficiary cannot be found to be qualified for the position.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedPast record does not show influence or success