729 decisions
newest first- MotionNIW · Motion to reopen & reconsider2014-08-01· old NYSDOT testOccupation not statedAUG012014_03B5203Education
The director denied the petition on October 9, 2013, having determined that the petitioner "qualifies for the requested classification[] as a member of the professions holding an advanced degree or an alien of exceptional ability," but had 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'sInconsistencies in the recordSupport letters generic or unsupportedPast record does not show influence or success - DismissedNIW · Motion to reopen & reconsider2014-07-02· old NYSDOT testOccupation not statedJUL022014_01B5203Business & finance
The director found that the petitioner qualifies for classification as an alien of exceptional ability in business and 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 documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupported+2 more - DismissedEB-2 · Motion to reopen & reconsider2014-05-29· old NYSDOT testOccupation not statedMAY292014_02B5203Other / unclear
bachelor's degree, and therefore, he does not meet the education requirements of the ETA Form 9089 and the requirements for classification as an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedSupport letters generic or unsupported - DismissedEB-2 · Motion to reopen & reconsider2014-05-29· old NYSDOT testOccupation not statedMAY292014_05B5203Other / unclear
The director's decision denying the petition states that the beneficiary does not have the qualifications required by the labor certification, as the petitioner has not established that the beneficiary has the special skills listed on the Form ETA 9089 at H.
Degree not shown to be a U.S. advanced degree equivalentSupport letters generic or unsupported - DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT testOccupation not statedAPR182014_06B5203Biomedical & life sciences
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 documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sNo interest from users, customers or investors+1 more - DismissedEB-2 · Motion to reopen & reconsider2014-04-10· old NYSDOT testOccupation not statedAPR102014_01B5203Other / unclear
Therefore, the submitted experience letters do not establish that the beneficiary possessed five years of post-baccalaureate experience in the specialty.
Five years of progressive experience not documentedInconsistencies in the record - UnknownEB-2 · Motion to reopen & reconsider2014-04-09· old NYSDOT testOccupation not statedAPR092014_01B5203Other / unclear
The director 's decision denying the petition concluded that the petitioner had not demonstrated that the beneficiary had the five years of progressive post-baccalaureate experience in the job offered prior to the priority date.
Five years of progressive experience not documentedInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2014-04-08· old NYSDOT testOccupation not statedAPR082014_01B5203Other / unclear
1 On March 12, 2013, the director denied the petition because the petitioner failed to establish that the beneficiary met the minimum educational requirements stated on the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - DismissedNIW · Motion to reopen & reconsider2014-04-04· old NYSDOT testOccupation not statedAPR042014_01B5203Law & policy
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.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DismissedEB-2 · Motion to reopen & reconsider2014-04-03· old NYSDOT testOccupation not statedAPR032014_02B5203Business & finance
Since an individual can qualify for the offered position with 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 There is no provision in statute or regulation that compels U.
Five years of progressive experience not documented - 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 & reconsider2014-02-28· old NYSDOT testOccupation not statedFEB282014_01B5203Other / unclear
Upon reviewing the petition, the director determined that the beneficiary did not meet the job qualifications stated on the labor certification.
Five years of progressive experience not documented - MotionEB-2 · Motion to reopen & reconsider2014-02-28· old NYSDOT testOccupation not statedFEB282014_03B5203Other / unclear
Since an individual can qualify for the offered position with 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 There is no provision in statute or regulation that compels U.
Five years of progressive experience not documented - 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 - DismissedEB-2 · Motion to reopen & reconsider2014-02-11· old NYSDOT testOccupation not statedFEB112014_02B5203Other / unclear
3 The director's decision denying the petition concludes that the beneficiary's educational credentials do not qualify him for an advanced degree professional visa.
Five years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2014-01-28· old NYSDOT testOccupation not statedJAN282014_01B5203Other / unclear
The director found that the petitioner did not establish the beneficiary's five years of prior work experience as required in the labor certification.
Claims not backed by documentsInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2014-01-23· old NYSDOT testOccupation not statedJAN232014_01B5203Other / unclear
The director's decision denying the petition dated April 26, 2013, concluded that the petitioner did not demonstrate that the beneficiary possessed an advanced degree, and that the petitioner did not demonstrate that the beneficiary possessed the minimum qualifications required under the labor certification as of the priority date.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2014-01-15· old NYSDOT testOccupation not statedJAN152014_02B5203Law & policy
The director found that the petitioner did not establish that he qualifies for classification as an alien of exceptional ability, or that an exemption from the requirement of a job offer would be in the national interest of the United States.
Exceptional ability not established - DismissedEB-2 · Motion to reopen & reconsider2014-01-14· old NYSDOT testOccupation not statedJAN142014_02B5203Other / unclear
The director determined that the petitiOner failed to demonstrate that the beneficiary had the education required by the terms of the labor certification and that the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onwards.
Five years of progressive experience not documented - DismissedNIW · Motion to reopen & reconsider2014-01-13· old NYSDOT testOccupation not statedJAN132014_01B5203Education
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'sNo interest from users, customers or investors