1,308 decisions
newest first- DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_04B5203Education
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.
Claims not backed by documentsArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo broader implications shownNo interest from users, customers or investors+1 more - DismissedEB-2 · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_05B5203Computing, 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.
- DismissedNIW · Motion to reopen2013-03-18· old NYSDOT testOccupation not statedMAR182013_07B5203Education
Therefore, whether a given alien seeks classification as an alien of exceptional ability, or as ~ member of the professions holding an advanced degree, that alien cannot qualify for a waiver jJst by demonstrating a degree of expertise significantly above that ordinarily encountered in his or hth- field ·of expertise.
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 success - DismissedEB-2 · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_09B5203Computing, AI & data
·the beneficiary did not meet the job qualifications stated on the labor certification.
Inconsistencies in the record - SustainedEB-2 · Appeal2013-03-12· old NYSDOT testOccupation not statedMAR122013_02B5203Education
- RemandedEB-2 · Appeal2013-03-08· old NYSDOT testOccupation not statedMAR082013_01B5203Education
The director's decision will be withdrawn and the matter remanded for a new decision.
Five years of progressive experience not documented - DismissedEB-2 · Motion to reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_02B5203Computing, AI & data
The director determined that the petitioner had not established that it had the continuing ability to p~y the beneficiary the proffered wage beginning on the pri.
Claims not backed by documents - DismissedNIW · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_03B5203Education
The director found that the petitioner qualifies for classification as a member of the profession~ holding an advanced degree, but that the petitioner has not established that an exemption from the ~equirement of a job offer would be in the national interest of the United States.
Claims not backed by documentsNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_04B5203Education
The director found that the petitioner qualifies for classification as a member of the profession~ holding an advanced degree, but that the petitioner has not established that an exemption from the ~equirement of a job offer would be in the national interest ofthe United States.
No interest from users, customers or investors - DismissedNIW · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_05B5203Physical sciences & math
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.
Citation record not persuasiveArgued 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 & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_06B5203Education
The Director concluded, therefore, that the beneficiary's degree does not qualify her for classification as an advanced degree professional.
- DismissedEB-2 · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_07B5203Computing, 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.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reopen & reconsider2013-03-07· old NYSDOT testOccupation not statedMAR072013_02B5203Computing, AI & data
The director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.
- SustainedEB-2 · Appeal2013-03-07· old NYSDOT testOccupation not statedMAR072013_03B5203Education
- DismissedEB-2 · Motion to reopen & reconsider2013-03-07· old NYSDOT testOccupation not statedMAR072013_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.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - RejectedEB-2 · Appeal2013-03-07· old NYSDOT testOccupation not statedMAR072013_06B5203Computing, AI & data
- SustainedEB-2 · Appeal2013-03-01· old NYSDOT testOccupation not statedMAR012013_01B5203EducationFive years of progressive experience not documented
- DismissedEB-2 · Motion to reopen & reconsider2013-02-28· old NYSDOT testOccupation not statedFEB282013_02B5203Computing, AI & data
Therefore, in the instant case, the petitioner has not established that it paid the beneficiary the full proffered wage during any relevant timeframe ·including the period from the priority date on March 28, 2011 or subsequently.
Claims not backed by documentsInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-02-28· old NYSDOT testOccupation not statedFEB282013_03B5203Computing, AI & data
" The Director concluded that the ·petitioner failed to show where the beneficiary would be working, misrepresented material fac_ts with regard to the beneficiary's place of intended employment, and eommitted fraud on the petition and supporting documentation.
- DismissedEB-2 · Motion to reopen & reconsider2013-02-28· old NYSDOT testOccupation not statedFEB282013_04B5203Computing, 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.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented