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59 decisions

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Failed NYSDOT (old test) Computing, AI & data Business & finance Engineering Physical sciences & math Clear all
  1. SustainedNIW · Appeal2016-12-12· old NYSDOT test
    Corrosion science engineerDEC122016_01B5203
    Engineering

    · 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
  2. DismissedNIW · Appeal2016-08-22· old NYSDOT test
    Aerospace engineerAUG222016_01B5203
    Engineering

    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
  3. MotionNIW · Motion to reopen2016-07-29· old NYSDOT test
    Business development managerJUL292016_03B5203
    Business & finance

    The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability, but that she had not established that a waiver of a job offer would be in the national interest.

    Claims not backed by documentsNot eligible at the time of filingExceptional ability not establishedArgued the field's importance, not the endeavor'sPast record does not show influence or success
  4. SustainedNIW · Appeal2016-07-28· old NYSDOT test
    Petroleum geomechanics engineerJUL282016_01B5203
    Engineering

    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
  5. SustainedNIW · Appeal2016-07-06· old NYSDOT test
    Senior engineer working on wireless communications technologyJUL062016_01B5203
    Engineering

    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
  6. DismissedNIW · Appeal2015-12-14· old NYSDOT test
    Researcher in regional economic developmentDEC142015_01B5203
    Business & finance

    On February 26,2015, the Director denied the Form I-140, finding in part that the Petitioner did not show that the proposed benefits of his work are national in scope.

    Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
  7. 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
  8. DeniedNIW · Motion to reopen2015-08-21· old NYSDOT test
    Business development managerAUG212015_02B5203
    Business & finance

    The director denied the Form I-140 on October 11, 2013, finding that the petitioner established her qualifications as an individual of exceptional ability and an advanced degree professional, but did not establish 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
  9. 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.

  10. 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
  11. 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
  12. 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
  13. 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
  14. 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
  15. 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
  16. DismissedNIW · Motion to reopen & reconsider2015-01-23· old NYSDOT test
    Occupation not statedJAN232015_01B5203
    Business & finance

    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'sInconsistencies in the recordNo interest from users, customers or investors
  17. 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
  18. DeniedNIW · Motion to reopen & reconsider2014-12-29· old NYSDOT test
    Occupation not statedDEC292014_01B5203
    Business & finance

    A motion that does not meet applicable requirements shall be dismissed.

    Claims not backed by documentsPast record does not show influence or success
  19. 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
  20. 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