128 decisions
newest first- DismissedEB-2 · Appeal2024-01-18Wholesale retailerJAN182024_09B5203Other / unclear
The Director of the Nebraska Service Center initially denied the petition based on not demonstrating the offered position requires a professional holding an advanced degree.
- MotionEB-2 · Motion to reopen & reconsider2023-08-28Distributor of used clothingAUG282023_04B5203Other / unclear
We concluded that the company did not establish the Beneficiary's qualifying experience for the offered job or the requested immigrant visa category.
- DismissedEB-2 · Appeal2023-03-02Education centerMAR022023_04B5203Education
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary met the minimum requirements for the offered position as stated on the labor certification.
- WithdrawnEB-2 · Appeal2022-12-07Computer software solutions businessDEC072022_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2022-11-22Quality control chemistNOV222022_02B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary has the requisite educational credential to qualify for classification as an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the recordLabor certification not shown to be impractical - MotionEB-2 · Motion to reopen & reconsider2022-10-31Management analystOCT312022_05B5203Business & finance
We concluded that the Petitioner did not demonstrate the Beneficiary's qualifying employment experience for the offered position or the requested immigrant visa classification.
Inconsistencies in the record - DismissedEB-2 · Appeal2022-09-29Professional service providerSEP292022_01B5203Education
We note that the even if the Petitioner had requested the correct classification on the Form I-140, it has not established eligibility for the requested benefit in all aspects.
Degree not shown to be a U.S. advanced degree equivalent - MotionEB-2 · Motion to reopen & reconsider2022-09-12Occupation not statedSEP122022_01B5203Arts, media & sports
First, the Director concluded that the Petitioner did not establish that the Beneficiary was an individual of exceptional ability because it did not demonstrate that the Beneficiary's work experience in the last 12 months required, or that the intended work in the United States will require, exceptional ability.
Claims not backed by documentsNot eligible at the time of filingExceptional ability not establishedInconsistencies in the record - DismissedEB-2 · Appeal2022-08-25Research and manufacturing businessAUG252022_02B5203Engineering
5, Schedule A, Group IL The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary satisfied at least two of the seven evidentiary criteria at 20 C.
Exceptional ability not establishedSupport letters generic or unsupportedEvidence submitted too late - DismissedEB-2 · Appeal2022-08-09Software development and consulting businessAUG092022_01B5203Computing, AI & data
The Director also informed the Petitioner that the record did not establish its ability to pay the proffered wage, as it submitted only its 2010 federal income tax return with the petition, which was before the 2011 priority date.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordLabor certification not shown to be impractical - DismissedEB-2 · Appeal2022-07-28Manufacturers' representative companyJUL282022_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that because the position requires only a bachelor's degree without any experience, the minimum requirements of the position do not qualify as an advanced degree.
- DismissedEB-2 · Appeal2021-12-03Long-term care skilled nursing facilityDEC032021_01B5203Clinical & health
The Director determined that the Petitioner did not establish that the Beneficiary met the educational and experience requirements of the labor certification.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2021-11-23Occupation not statedNOV232021_01B5203Arts, media & sports
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary was an individual of exceptional ability.
Claims not backed by documentsExceptional ability not established - DismissedEB-2 · Appeal2021-06-30Product engineering and consulting businessJUN302021_01B5203Engineering
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary has the requisite experience to qualify for the proffered position under the terms of the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - MotionEB-2 · Motion to reopen & reconsider2021-04-14Exporter and distributor of used clothingAPR142021_03B5203Other / unclear
Agreeing with the Director, we concluded that the Petitioner did not demonstrate the Beneficiary's possession of the minimum employment experience required for the offered position or the requested immigrant visa classification.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Appeal2021-01-25Korean immersion preschoolJAN252021_02B5203Education
The Director found that the evidence of record did not establish that the job offered requires an advanced degree.
Inconsistencies in the record - DismissedEB-2 · Appeal2021-01-05Provider of home healthcare servicesJAN052021_03B5203Clinical & health
The Director concluded that the Petitioner did not demonstrate the Beneficiary's possession ofthe minimum educational requirements ofthe offered position or the requested immigrant visa classification.
Degree not shown to be a U.S. advanced degree equivalentNo interest from users, customers or investors - DismissedEB-2 · Appeal2020-11-25Chief investment officerNOV252020_03B5203Business & finance
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary has the requisite educational credential to qualify for classification as an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the recordTried to change the endeavor after filingNo interest from users, customers or investors - DismissedEB-2 · Appeal2020-10-01Social network websiteOCT012020_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary met the minimum experience and special skills requirements of the labor certification.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2020-10-01Technical analystOCT012020_03B5203Business & finance
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the labor certification supports the requested classification of advanced degree professional.
Five years of progressive experience not documentedInconsistencies in the record