14 decisions
newest first- MotionNIW · Motion to reopen & reconsider2025-11-26Doctoral student and researcher in the artificial intelligence (Al) fieldNOV262025_01B5203Computing, AI & data
Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus ofa labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingLabor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shown+2 more - DismissedNIW · Motion to reopen2024-10-29Computer systems analystOCT292024_04B5203Computing, AI & data
The Director ofthe Texas Service Center denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.
Citation record not persuasiveExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedEvidence submitted too late+1 more - 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 - 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 - DismissedEB-2 · Motion to reopen & reconsider2015-02-10· old NYSDOT testOccupation not statedFEB102015_04B5203Computing, 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 - DismissedEB-2 · Motion to reopen & reconsider2014-09-18· old NYSDOT testOccupation not statedSEP182014_01B5203Computing, 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 - DeniedEB-2 · Motion to reopen & reconsider2014-08-14· old NYSDOT testOccupation not statedAUG142014_03B5203Computing, 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 - DismissedEB-2 · Motion to reopen & reconsider2014-04-03· old NYSDOT testOccupation not statedAPR032014_06B5203Computing, 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 testOccupation not statedFEB272014_02B5203Computing, 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 - DismissedEB-2 · Motion to reopen & reconsider2013-08-16· old NYSDOT testOccupation not statedAUG162013_05B5203Computing, 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 testOccupation not statedJUL262013_01B5203Computing, 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 testOccupation not statedJUL172013_01B5203Computing, 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 testOccupation not statedJUN202013_03B5203Computing, 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 - DismissedEB-2 · Motion to reopen & reconsider2013-05-02· old NYSDOT testOccupation not statedMAY022013_04B5203Computing, AI & data
2 Upon reviewing the petition, the acting director determined that the petitioner failed to establish that the beneficiary possessed the minimum .
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented