982 decisions
newest first- DismissedNIW · Motion to reopen & reconsider2013-11-05· old NYSDOT testOccupation not statedNOV052013_01B5203Computing, 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 - DeniedEB-2 · Motion to reopen & reconsider2013-11-01· old NYSDOT testOccupation not statedNOV012013_01B5203Computing, AI & data
If the petitioner does not establish that it employed and paid the beneficiary an aJ,llount at least equal to the proffered wage during that period, users will next examine the net income figure reflected on the petitioner's federal income tax return, without consideration of depreciation or other expenses.
- RemandedEB-2 · Motion to reopen & reconsider2013-10-31· old NYSDOT testOccupation not statedOCT312013_06B5203Computing, AI & data
The petition is remanded to the director for consideration of the issue stated above.
- DismissedNIW · Motion to reopen & reconsider2013-10-08· old NYSDOT testOccupation not statedOCT082013_02B5203Physical 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 successRelied on a labor shortage - DismissedEB-2 · Motion to reopen & reconsider2013-10-03· old NYSDOT testOccupation not statedOCT032013_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.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2013-10-02· old NYSDOT testOccupation not statedOCT022013_01B5203Computing, AI & data
The director revoked the approval of the petition on July 2, 2012, stating that the petitioner had failed to establish its ability to pay the proffered wage as of the priority date and continuing until the beneficiary obtains lawful permanent residence.
Claims not backed by documentsInconsistencies in the record - WithdrawnEB-2 · Motion to reopen & reconsider2013-09-27· old NYSDOT testMicrosoft technologies specialistSEP272013_01B5203Computing, AI & data
qecision denying the petition stated that the petitioner had not established that the beneficiary had the required experienCe as stated on the labor certification .
Inconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-09-26· old NYSDOT testOccupation not statedSEP262013_04B5203Computing, AI & data
The director's decision denying the petition concludes that the petitioner has not established that it intended to employ the beneficiary in the area of intended employment.
- MotionEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT testOccupation not statedAUG302013_01B5203Computing, AI & data
The director determined that the petitioner had failed to establish that it had the continuing ability to pay the beneficiary the proffered wage from the priority date of December 9, 2004, onward.
Inconsistencies in the record - UnknownEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT testOccupation not statedAUG302013_05B5203Computing, AI & dataFive years of progressive experience not documented
- DismissedEB-2 · Motion to reopen & reconsider2013-08-29· old NYSDOT testOccupation not statedAUG292013_02B5203Computing, AI & data
However, the AAO determined that the petitioner had failed to establish that the beneficiary possesses all the experience requirements indicated on the labor certification, with five years of qualifying progressive employment experience in the job offered.
Claims not backed by documentsFive years of progressive experience not documented - SustainedEB-2 · Appeal2013-08-23· old NYSDOT testOccupation not statedAUG232013_02B5203Computing, AI & data
- UnknownEB-2 · Motion to reopen2013-08-22· old NYSDOT testOccupation not statedAUG222013_02B5203Computing, AI & data
The director revoked the approval of the petition after concluding that the record did not establish that the benericiary was qualified for the offered position and that the labor certification was gained through fra11d or willful misrepresentation of a material fact.
- 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 - DismissedEB-2 · Motion to reopen & reconsider2013-08-02· old NYSDOT testOccupation not statedAUG022013_02B5203Computing, AI & data
The director determined that the petitioner had failed to establish that the beneficiary possessed the employment experience required on the ETA Form 9089 and denied the petition accordingly.
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 - DismissedEB-2 · Motion to reopen & reconsider2013-07-26· old NYSDOT testOccupation not statedJUL262013_02B5203Computing, 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.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupportedDid not show the waiver outweighs labor certification - DismissedEB-2 · Motion to reopen & reconsider2013-07-26· old NYSDOT testOccupation not statedJUL262013_04B5203Computing, 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.
- 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 - DismissedEB-2 · Motion to reopen & reconsider2013-06-28· old NYSDOT testOccupation not statedJUN282013_05B5203Computing, AI & data
On October 15, 2012, the Director denied the petition on the ground that the documentation of record did not show that the petitioner , is the successor-in-interest to the 1 This section of the Act provides for immigrant classification to members of the professions holding advanced degrees whose services are sought by employers in the United States.
Inconsistencies in the record