317 decisions
newest first- DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_05B5203Computing, AI & data
The Director found that the evidence of record did not establish that the Beneficiary met the minimum educational requirements for the offered position.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - DismissedEB-2 · Appeal2017-12-21Software developerDEC212017_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition on the ground that Petitioner did not establish that the Beneficiary met the minimum experience requirement of the labor certification.
Inconsistencies in the record - DismissedNIW · Appeal2017-12-12Aerospace engineerDEC122017_02B5203Engineering
The Director of the Nebraska Service Center denied the Form I-140, Immigrant Petition for Alien Worker, finding 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 the required job offer, and thus of the labor certification, would be in the national interest.
Benefits limited to an employer or its clientsNo broader implications shownNo interest from users, customers or investorsPast record does not show influence or success - DismissedEB-2 · Appeal2017-11-28ManufacturerNOV282017_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that based on the issuance date of the Beneficiary's bachelor's degree diploma, the Beneficiary could not show.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Appeal2017-10-04Tire manufacturing businessOCT042017_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary did not meet the experience requirements of the labor certification or the EB-2 classification.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reopen2017-09-29Software development and consulting companySEP292017_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possesses a foreign degree that is equivalent to a U.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Appeal2017-07-27Software applications development businessJUL272017_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition after determining that, based on the issuance date of the Beneficiary's university statement of marks, the Petitioner had not shown that he had the five years of post-baccalaureate experience required to establish the equivalent of an 1 advanced degree.
- DismissedEB-2 · Appeal2017-07-27Information technology companyJUL272017_03B5203Computing, AI & data
The Nebraska Service Center Director denied the petitiOn, concluding that the record did not establish, as required, that the labor certification supported classification of the position in the advanced degree professional category because it stated education and experience requirements that could be read as requiring less than an advanced degree.
Five years of progressive experience not documented - DismissedEB-2 · Appeal2017-07-24Information technology consulting businessJUL242017_01B5203Computing, AI & data
ncluding that the record did not establish that the Beneficiary had the five years of post-baccalaureate experience required for classification as an advanced degree professional.
Inconsistencies in the record - RemandedEB-2 · Appeal2017-07-18Software development businessJUL182017_01B5203Computing, AI & data
Upon de novo review of the record, we will withdraw the Director's decision and remand this matter for further action consistent with this opinion.
Inconsistencies in the record - DismissedEB-2 · Appeal2017-07-17Provider of online advertising fraud detection softwareJUL172017_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established its ability to pay the Beneficiary the proffered wage.
- DismissedEB-2 · Appeal2017-06-28Computer devices and services businessJUN282017_01B5203Computing, AI & data
The Director of the Nebraska Service Center found that, based on the issuance date of the Beneficiary's baccalaureate degree diploma, the Petitioner had not shown that he had the five years 1 On appeal, the Petitioner contends that the Beneficiary has the required five years of progressive post-baccalaureate experience, as the Beneficiary earned his degree prior to the date his diploma was issued.
- DismissedEB-2 · Appeal2017-01-26Diversified company offering a variety of technology products and servicesJAN262017_03B5203Computing, AI & data
By accepting a combination of educational credentials in lieu of a single bachelor's degree, the labor certification does not demonstrate that the job requires an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2017-01-18Software development and support companyJAN182017_01B5203Computing, AI & data
The Director determined that the ETA Form 9089, Application for Permanent Employment Certification (labor certification), did not demonstrate that.
Five years of progressive experience not documentedInconsistencies in the record - 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 · Appeal2016-12-05· 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 - 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 · Appeal2016-06-02· 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 - DismissedEB-2 · Certification2016-02-09· old NYSDOT testElectrical contractorFEB092016_07B5203Engineering
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 - DismissedNIW · Motion to reopen & reconsider2015-04-15· old NYSDOT testOccupation not statedAPR152015_01B5203Computing, 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