33 decisions
newest first- MotionNIW · Motion to reopen & reconsider2025-06-05Entrepreneur in the field of production engineeringJUN052025_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner is eligible for a waiver ofthe job offer requirement in the national interest.
Degree not shown to be a U.S. advanced degree equivalentProposed endeavor too vaguePlan or projections not corroborated - MotionNIW · Motion to reopen & reconsider2025-04-01Entrepreneur in the field of production engineeringAPR012025_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner is eligible for a waiver ofthe job offer requirement in the national interest.
Degree not shown to be a U.S. advanced degree equivalent - MotionNIW · Motion to reopen & reconsider2023-02-01Software developerFEB012023_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalent - MotionNIW · Motion to reopen & reconsider2022-05-31Chemical engineerMAY312022_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies as a member of the professions holding an advanced degree or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - MotionNIW · Motion to reopen & reconsider2022-04-05Software developerAPR052022_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability or that a waiver of the requiredjoboffer,andthusofthelaborcertification,wouldbeinthenationalinterest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the record - MotionEB-2 · Motion to reconsider2019-02-05Manufacturer and distributor of power toolsFEB052019_02B5203Engineering
On appeal, we affirmed the Director's conclusion that the Petitioner did not demonstrate the Beneficiary's possession of the minimum educational requirements of the offered position.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Motion to reopen2017-09-29Software development and consulting companySEP292017_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possesses a foreign degree that is equivalent to a U.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2017-06-29Software development and education businessJUN292017_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary held a master's degree in the fields of computer science or engineering as required by the labor certification or that the Petitioner had demonstrated its ability to pay the proffered wage.
Degree not shown to be a U.S. advanced degree equivalent - MotionEB-2 · Motion to reopen & reconsider2016-08-03· old NYSDOT testSoftware engineerAUG032016_01B5203Computing, AI & data
The Director found that the record did not establish the Petitioner's ability to pay the proffered wage or the bona fides of the job offer.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2016-01-21· old NYSDOT testSoftware development and testing businessJAN212016_01B5203Computing, AI & data
On March 18, 2013, the Director denied the petition on the ground that the evidence of record did not establish that the Beneficiary has a U .
Degree not shown to be a U.S. advanced degree equivalent - 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 - DismissedEB-2 · Motion to reopen & reconsider2015-04-14· old NYSDOT testOccupation not statedAPR142015_01B5203Computing, AI & data
master's degree, he does not qualify for the proffered position under the terms of the labor certification based solely on his education.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2014-11-13· old NYSDOT testOccupation not statedNOV132014_02B5203Computing, AI & data
On November 18, 2013, the Director denied the petition on the ground that the petitioner failed to establish that the beneficiary has a U.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reopen & reconsider2014-09-18· old NYSDOT testOccupation not statedSEP182014_01B5203Computing, AI & data
We did not, however, find the visa petition to be approvable as the record failed to establish that the beneficiary held an advanced degree in a field required by the labor certification.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2014-09-04· old NYSDOT testOccupation not statedSEP042014_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 .
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DeniedEB-2 · Motion to reopen & reconsider2014-08-14· old NYSDOT testOccupation not statedAUG142014_03B5203Computing, AI & data
The director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2014-04-03· old NYSDOT testOccupation not statedAPR032014_08B5203Computing, AI & data
The director denied the petition after concluding that record did not establish that the beneficiary had met the minimum educational requirements of the labor certification as of the March 27, 2012 priority date.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reopen & reconsider2014-01-03· old NYSDOT testOccupation not statedJAN032014_06B5203Computing, AI & data
The director also found that as the PGD issued to the beneficiary in business administration had not been awarded by an accredited university, he could not qualify for preference classification as a professional on this basis.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reopen & reconsider2013-10-03· old NYSDOT testOccupation not statedOCT032013_01B5203Computing, 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.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-08-28· old NYSDOT testOccupation not statedAUG282013_01B5203Engineering
Therefore, since an individual can qualify for the offered position with a degree less than a baccalaureate (followed by five years of progressive experience in the specialty), the petition does not qualify for advanced degree professional classification.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented