1,308 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-04-16· old NYSDOT testOccupation not statedAPR162013_05B5203Computing, AI & data
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documentedInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2013-04-09· old NYSDOT testOccupation not statedAPR092013_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 - DismissedNIW · Motion to reopen & reconsider2013-04-08· old NYSDOT testOccupation not statedAPR082013_01B5203Education
The director found that the petitioner qualifies for classification as a member of the professions with the equivalent of 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 - DismissedNIW · Motion to reopen & reconsider2013-04-08· old NYSDOT testOccupation not statedAPR082013_02B5203Education
Therefore, whether a given alien seeks classification as an alien ·of exceptional ability, or as a member of the professions holding an advanced degree, that alien cannot qualify for a waiver just by demonstrating a degree of expertise significantly above that ordinarily encountered in his or her field of expertise.
Claims not backed by documentsArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors - DismissedEB-2 · Motion to reopen & reconsider2013-04-04· old NYSDOT testOccupation not statedAPR042013_03B5203Computing, AI & data
- SustainedEB-2 · Appeal2013-04-01· old NYSDOT testOccupation not statedAPR012013_01B5203Education
- DismissedEB-2 · Motion to reopen & reconsider2013-03-29· old NYSDOT testSpeech language pathologistMAR292013_01B5203Education
s : bachelor's degree in speech language pathology and five years of progressive experience, but determined · that the beneficiary would still not qualify for the proffered position because the labor certification specifies that a master's degree is 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 - DismissedEB-2 · Motion to reopen & reconsider2013-03-29· old NYSDOT testOccupation not statedMAR292013_02B5203Education
PageS Since the ETA Form 9089 required a doctorate degree as the minimum level of education, the petitioner has failed to establish that the beneficiary possessed all the education specified on the labor certification as of the priority date.
- DismissedEB-2 · Motion to reconsider2013-03-28· old NYSDOT testOccupation not statedMAR282013_01B5203Education
Upon reviewing the petition, the director determined that the record did not establish the petitioner's continuing ability to pay the proffered wage.
- DismissedEB-2 · Motion to reopen & reconsider2013-03-28· old NYSDOT testOccupation not statedMAR282013_02B5203Education
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 degree professional classification.
Degree not shown to be a U.S. advanced degree equivalent - MotionEB-2 · Motion to reconsider2013-03-28· old NYSDOT testOccupation not statedMAR282013_04B5203Education
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 degree professional classification.
Degree not shown to be a U.S. advanced degree equivalent - UnknownEB-2 · Motion to reopen2013-03-28· old NYSDOT testOccupation not statedMAR282013_06B5203Education
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 degree professional classification.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reopen & reconsider2013-03-25· old NYSDOT testOccupation not statedMAR252013_03B5203Computing, 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.
- DismissedEB-2 · Motion to reopen & reconsider2013-03-25· old NYSDOT testOccupation not statedMAR252013_04B5203Computing, AI & data
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 degree professional classification.
- DismissedEB-2 · Motion to reopen2013-03-25· old NYSDOT testOccupation not statedMAR252013_05B5203Computing, AI & data
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 degree professional classification.
- DismissedEB-2 · Motion to reopen & reconsider2013-03-25· old NYSDOT testOccupation not statedMAR252013_06B5203Education
Therefore, the benefiCiary does not ineet the alternative requirement of the labor certification and does not qualify as an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - RemandedEB-2 · Appeal2013-03-20· old NYSDOT testOccupation not statedMAR202013_01B5203Computing, AI & data
· The decision will be withdrawn and the matter will be remanded to the director for further consideration.
Five years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-03-19· old NYSDOT testOccupation not statedMAR192013_02B5203Computing, AI & data
that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or ·the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.
Claims not backed by documentsInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_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 broader implications shownNo interest from users, customers or investors - DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_03B5203Physical 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.
No interest from users, customers or investors