198 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-09-04· old NYSDOT testOccupation not statedSEP042013_02B5203Engineering
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 - DismissedEB-2 · Motion to reopen & reconsider2013-09-04· old NYSDOT testOccupation not statedSEP042013_03B5203Education
" Since an individual could qualify for the job opportunity through an evaluation service that would accept a combination of education that is less than a degree above a baccalaureate, or 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 documented - DismissedEB-2 · Motion to reopen & reconsider2013-08-28· old NYSDOT testOccupation not statedAUG282013_01B5203Engineering
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 - DismissedEB-2 · Motion to reopen & reconsider2013-08-23· old NYSDOT testOccupation not statedAUG232013_01B5203Education
Thus, after reviewing all of the evidence in the record, it is concluded that the petitioner has failed to establish that the beneficiary possesses at least a U.
Five years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-08-22· old NYSDOT testOccupation not statedAUG222013_04B5203Engineering
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 - 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 - DeniedEB-2 · Motion to reopen & reconsider2013-08-15· old NYSDOT testOccupation not statedAUG152013_04B5203Education
Upon reviewing the petition, the director determined that the petitioner had failed to establish that the beneficiary is qualified to perform the duties of the proffered position with a minimum of a bachelor's degree in public relations, English or journalism and 60 months (five years) of qualifying employment yxperience.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - DismissedEB-2 · Motion to reopen & reconsider2013-08-01· old NYSDOT testOccupation not statedAUG012013_03B5203Education
Upon reviewing the petition, the director determined that the petitioner failed to demonstrate that the beneficiary possessed the minimum level of education stated on the labor certification and as required for classification as an advanced degree professional.
Inconsistencies in the record - 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 & reconsider2013-05-28· old NYSDOT testOccupation not statedMAY282013_02B5203Education
" The petitioner has not established that the evidence required to demonstrate that an alien is an advanced degree professional is any less than the evidence required to show that the alien is a professional.
Inconsistencies in the record - 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 - UnknownEB-2 · Motion to reopen & reconsider2013-04-23· old NYSDOT testOccupation not statedAPR232013_03B5203Education
[p3] (b)(6) Page 3 On April 26, 2012, the AAO issued a Notice of Intent to Deny and Request for Evidence (NOID!RFE), indicating that it intended to withdraw the Director's recommended approval of the petition because the record did not establish that the beneficiary's Indian education is equivalent to a -U.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_06B5203Education
The Director concluded, therefore, that the beneficiary's degree does not qualify her for classification as an advanced degree professional.
- DismissedNIW · Motion to reopen & reconsider2013-02-20· old NYSDOT testOccupation not statedFEB202013_03B5203Education
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 requi,rement of a job offer would be in the national interest of the United· States.
Claims not backed by documentsFive years of progressive experience not documentedNo interest from users, customers or investors - DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_14B5203Engineering
Beyond the decision of the director, the petitioner has also failed to establish that the ETA Form 9089 supports a professional holding an advanced degree.
Claims not backed by documents - DismissedEB-2 · Motion to reopen & reconsider2013-01-15· old NYSDOT testOccupation not statedJAN152013_02B5203Education
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification or as required by the advanced.