113 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-06-21· old NYSDOT testOccupation not statedJUN212013_05B5203Computing, AI & data
The director determined that the petitioner had filed multiple petitions and that it had not established that it had the continuing ability to pay the beneficiary and the multiple beneficiaries the proffered wage amounts beginning on the priority date of the current visa petition.
Claims not backed by documentsFive years of progressive experience not documented - RemandedEB-2 · Motion to reopen & reconsider2013-06-05· old NYSDOT testOccupation not statedJUN052013_01B5203Computing, AI & data
As the director did not address these issues in the decision, the petition will be remanded for the director to consider the issues and enter a new decision.
Five years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-06-05· old NYSDOT testOccupation not statedJUN052013_03B5203Computing, 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.
Five years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-05-02· old NYSDOT testOccupation not statedMAY022013_04B5203Computing, AI & data
2 Upon reviewing the petition, the acting director determined that the petitioner failed to establish that the beneficiary possessed the minimum .
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - 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 - 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· The decision will be withdrawn and the matter will be remanded to the director for further consideration.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 & reconsider2013-02-28· 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 - DismissedEB-2 · Motion to reopen & reconsider2013-02-19· old NYSDOT testOccupation not statedFEB192013_04B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not qualify for the second preference classification and that the beneficiary did meet the job qualifications stated on the alien employment certification before the priority date.
Not eligible at the time of filingFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - MotionEB-2 · Motion to reopen & reconsider2013-02-12· old NYSDOT testOccupation not statedFEB122013_04B5203Computing, AI & data
Upon reviewing the petition, the director detennined that the beneficiary did not satisfy the minimum level of education stated on the alien employment 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 & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_04B5203Computing, AI & data
Upon reviewing the petition, the director determined that the beneficiary did not meet the job qualifications stated on the labor certification.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_16B5203Computing, AI & data
The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.
Five years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-01-24· old NYSDOT testOccupation not statedJAN242013_03B5203Computing, AI & data
If we were to accept that any combination of education, experience and training was acceptable as the minimum requirements for the position, then this position would not meet the requirements for the EB-2 classification that is being sought and the petition would be rejected.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedEvidence submitted too late - MotionEB-2 · Motion to reopen & reconsider2013-01-16· old NYSDOT testOccupation not statedJAN162013_01B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level .
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented