8 decisions
newest first- DismissedEB-2 · Appeal2021-04-07Senior SAS programmer analystAPR072021_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record establish that the Petitioner did not establish that a bona fide job offer of full-time permanent employment existed or that it intended to employ the Beneficiary in the offered position.
Citation record not persuasiveClaims not backed by documentsInconsistencies in the recordNo interest from users, customers or investors - DismissedEB-2 · Appeal2018-01-26IT services companyJAN262018_02B5203Computing, AI & data
If the labor certification allows for less than an advanced degree, the position will not qualify for EB-2 classification.
Citation record not persuasiveInconsistencies in the record - DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_01B5203Computing, AI & data
The Director found that the evidence of record did not establish that the Beneficiary met the minimum educational requirements for the offered position.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingDid not show the waiver outweighs labor certification - DismissedEB-2 · Motion to reopen2017-04-21Manufacturer of oil field equipmentAPR212017_01B5203Engineering
The Director determined that the Petitioner had not established its ability to pay the proffered wage from the priority date onward.
Citation record not persuasiveInconsistencies in the recordNo interest from users, customers or investors - DismissedEB-2 · Appeal2017-02-14Software development and support firmFEB142017_01B5203Computing, AI & data
1 For the reasons noted above, we find that the Petitioner has not established that the job;offer portion of the labor certification requires a professional holding an advanced degree or its equivalent, and as such, the labor certification does not support the requested classification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2016-02-29· old NYSDOT testNon-public school for the autistic and developmentally disabledFEB292016_01B5203Computing, AI & data
The Director determined that the Petitioner had not established that the Beneficiary met the minimum requirements of the labor certification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2015-12-09· old NYSDOT testSoftware engineerDEC092015_02B5203Computing, AI & data
0 • The Director concluded that the record at the time of the petition's approval did not establish the Petitioner's continuing ability to pay the Beneficiary's proffered wage.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documented - RemandedEB-2 · Appeal2013-12-12· old NYSDOT testOccupation not statedDEC122013_01B5203Computing, AI & data
Thus, the petition will be remanded for the director to determine whether the beneficiary is a member of the professions holding an advanced degree, and that the offered position requires, at a minimum, a [p5] (b)(6) NON-PRECEDENT DECISION Page 5 professional holding an advanced degree.
Citation record not persuasiveInconsistencies in the record