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43 decisions

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Failed Step 0 Failed NYSDOT (old test) Physical sciences & math Computing, AI & data Engineering Motions Clear all
  1. DismissedNIW · Motion to reopen2024-10-29
    Computer systems analystOCT292024_04B5203
    Computing, 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
  2. DismissedEB-2 · Motion to reopen2017-09-29
    Software development and consulting companySEP292017_02B5203
    Computing, 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
  3. DismissedEB-2 · Certification2016-02-09· old NYSDOT test
    Electrical contractorFEB092016_07B5203
    Engineering

    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
  4. 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
  5. 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
  6. 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
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
    Occupation not statedDEC082014_02B5203
    Physical sciences & math

    The director found that the petitioner qualifies for the classification sought, 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
  14. 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
  15. 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
  16. 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
  17. 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
  18. 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.

  19. 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
  20. DismissedNIW · Motion to reopen & reconsider2014-01-15· old NYSDOT test
    Occupation not statedJAN152014_01B5203
    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.

    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