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  1. DismissedEB-2 · Motion to reopen & reconsider2013-03-19· old NYSDOT test
    Occupation not statedMAR192013_02B5203
    Computing, 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
  2. DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT test
    Occupation not statedMAR182013_02B5203
    Physical 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
  3. DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT test
    Occupation not statedMAR182013_03B5203
    Physical 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
  4. DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT test
    Occupation not statedMAR182013_04B5203
    Education

    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
  5. DismissedEB-2 · Motion to reopen & reconsider2013-03-18· old NYSDOT test
    Occupation not statedMAR182013_05B5203
    Computing, 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.

  6. DismissedEB-2 · Motion to reopen2013-03-18· old NYSDOT test
    Copy of a marriage certificate between the beneficiary and the petitioning spouseMAR182013_06B5203
    Engineering

    In the instant case, the evidence contained in the record does not show that the marriage was not entered into for the purpose of evading the immigration laws.

    Claims not backed by documentsInconsistencies in the record
  7. DismissedNIW · Motion to reopen2013-03-18· old NYSDOT test
    Occupation not statedMAR182013_07B5203
    Education

    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
  8. DismissedEB-2 · Motion to reopen & reconsider2013-03-18· old NYSDOT test
    Occupation not statedMAR182013_09B5203
    Computing, AI & data

    ·the beneficiary did not meet the job qualifications stated on the labor certification.

    Inconsistencies in the record
  9. SustainedEB-2 · Appeal2013-03-12· old NYSDOT test
    Occupation not statedMAR122013_02B5203
    Education
  10. RemandedEB-2 · Appeal2013-03-08· old NYSDOT test
    Occupation not statedMAR082013_01B5203
    Education

    The director's decision will be withdrawn and the matter remanded for a new decision.

    Five years of progressive experience not documented
  11. DismissedEB-2 · Motion to reconsider2013-03-08· old NYSDOT test
    Occupation not statedMAR082013_02B5203
    Computing, 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
  12. DismissedNIW · Motion to reopen & reconsider2013-03-08· old NYSDOT test
    Occupation not statedMAR082013_03B5203
    Education

    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
  13. DismissedNIW · Motion to reopen & reconsider2013-03-08· old NYSDOT test
    Occupation not statedMAR082013_04B5203
    Education

    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
  14. DismissedNIW · Motion to reopen & reconsider2013-03-08· old NYSDOT test
    Occupation not statedMAR082013_05B5203
    Physical 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
  15. DismissedEB-2 · Motion to reopen & reconsider2013-03-08· old NYSDOT test
    Occupation not statedMAR082013_06B5203
    Education

    The Director concluded, therefore, that the beneficiary's degree does not qualify her for classification as an advanced degree professional.

  16. DismissedEB-2 · Motion to reopen & reconsider2013-03-08· old NYSDOT test
    Occupation not statedMAR082013_07B5203
    Computing, 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
  17. UnknownEB-2 · Motion to reopen & reconsider2013-03-08· old NYSDOT test
    Occupation not statedMAR082013_08B5203
    Engineering

    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.

  18. DismissedEB-2 · Motion to reopen & reconsider2013-03-07· old NYSDOT test
    Occupation not statedMAR072013_02B5203
    Computing, AI & data

    The director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.

  19. SustainedEB-2 · Appeal2013-03-07· old NYSDOT test
    Occupation not statedMAR072013_03B5203
    Education
  20. DismissedEB-2 · Motion to reopen & reconsider2013-03-07· old NYSDOT test
    Occupation not statedMAR072013_05B5203
    Computing, 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