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150 decisions

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Failed Step 0 Failed NYSDOT (old test) Engineering Computing, AI & data Clear all
  1. 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.

  2. 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
  3. 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
  4. 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
  5. 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
  6. DismissedEB-2 · Motion to reopen & reconsider2015-02-10· old NYSDOT test
    Occupation not statedFEB102015_04B5203
    Computing, 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
  7. 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
  8. 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
  9. 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
  10. DismissedEB-2 · Motion to reopen & reconsider2014-09-18· old NYSDOT test
    Occupation not statedSEP182014_01B5203
    Computing, 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
  11. DeniedEB-2 · Motion to reopen & reconsider2014-08-14· old NYSDOT test
    Occupation not statedAUG142014_03B5203
    Computing, 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
  12. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_03B5203
    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 documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+1 more
  13. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_08B5203
    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 investorsPast record does not show influence or success
  14. 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.

  15. 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
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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