103 decisions
newest first- 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 - RemandedNIW · Appeal2014-04-22· old NYSDOT testOccupation not statedAPR222014_01B5203Physical 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 - 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 - DismissedNIW · Motion to reopen & reconsider2014-01-15· old NYSDOT testOccupation not statedJAN152014_01B5203Physical 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 testOccupation not statedJAN102014_01B5203Physical 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 testOccupation not statedJAN092014_05B5203Physical 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 testOccupation not statedJAN082014_01B5203Physical 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 testOccupation not statedJAN072014_02B5203Physical 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 testOccupation not statedJAN032014_01B5203Physical 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 testOccupation not statedDEC052013_14B5203Physical 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 - RemandedEB-2 · Appeal2013-11-12· old NYSDOT testOccupation not statedNOV122013_04B5203Physical 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 testOccupation not statedNOV052013_01B5203Computing, 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 testOccupation not statedOCT082013_02B5203Physical 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 & reconsider2013-08-16· 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 - DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_02B5203Physical 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 broader implications shownNo interest from users, customers or investors