1,913 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-02-21· old NYSDOT testOccupation not statedFEB212013_03B5203Computing, AI & data
The director determined that the evidence did not establish that the beneficiary possessed either a bachelor's or master's degree in the •major field listed on the ·ETA Form.
- DismissedEB-2 · Motion to reopen & reconsider2013-02-21· old NYSDOT testOccupation not statedFEB212013_06B5203Computing, AI & data
The director determined that the ETA ·Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.
- 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 - DismissedNIW · Motion to reopen & reconsider2013-02-20· old NYSDOT testEngineer scientistFEB202013_04B5203Engineering
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 - DismissedEB-2 · Motion to reopen & reconsider2013-02-19· old NYSDOT testOccupation not statedFEB192013_04B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not qualify for the second preference classification and that the beneficiary did meet the job qualifications stated on the alien employment certification before the priority date.
Not eligible at the time of filingFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Motion to reopen & reconsider2013-02-15· old NYSDOT testOccupation not statedFEB152013_01B5203Computing, 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 ofthe United States.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investors - MotionEB-2 · Motion to reopen & reconsider2013-02-12· old NYSDOT testOccupation not statedFEB122013_04B5203Computing, AI & data
Upon reviewing the petition, the director detennined that the beneficiary did not satisfy the minimum level of education stated on the alien employment certification.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - WithdrawnEB-2 · Motion to reopen & reconsider2013-02-12· old NYSDOT testOccupation not statedFEB122013_05B5203Computing, AI & data
Therefore, it does not qualify as an advanced degree within the meaning of 8 C.
- MotionEB-2 · Motion to reopen & reconsider2013-02-05· old NYSDOT testOccupation not statedFEB052013_01B5203Education
ewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - UnknownEB-2 · Motion to reopen & reconsider2013-02-05· old NYSDOT testOccupation not statedFEB052013_03B5203Education
5(k)(2), but determined that the beneficiary would still not qualify for the proffered position because the labor certification specified that a master's degree was required, with no provision for the alternate combination of a bachelor's degree and five years of experience.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - SustainedEB-2 · Motion to reopen & reconsider2013-02-04· old NYSDOT testOccupation not statedFEB042013_01B5203Computing, AI & data
- DismissedEB-2 · Motion to reopen & reconsider2013-02-01· old NYSDOT testOccupation not statedFEB012013_01B5203Education
bachelor's degree and, thus, does not qualify for preference visa classification under section 203(b )(2) of the Act.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reconsider2013-02-01· old NYSDOT testOccupation not statedFEB012013_03B5203Engineering
The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced.
Claims not backed by documents - SustainedEB-2 · Appeal2013-02-01· old NYSDOT testOccupation not statedFEB012013_04B5203Education
- DismissedEB-2 · Motion to reopen & reconsider2013-01-31· old NYSDOT testOccupation not statedJAN312013_01B5203Engineering
The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional · holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.
- DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_04B5203Computing, AI & data
Upon reviewing the petition, the director determined that the beneficiary did not meet the job qualifications stated on the labor certification.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_05B5203Education
Upon reviewing the petition, the director determined that th~ beneficiary did not meet the job qualifications stated on the labor certification.
Support letters generic or unsupported - DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_11B5203Education
The director denied the petition on July 5, 2012, having 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 Qf a job offer would be in the national interest of the United States.
No 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 & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_15B5203Education
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum combination ofeducation and experience stated on the labor certification.
Five years of progressive experience not documentedEvidence submitted too late