238 decisions
newest first- MotionNIW · Motion to reopen2020-10-16Petroleum engineerOCT162020_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingSupport letters generic or unsupportedPast record does not show influence or success - DismissedEB-2 · Appeal2020-10-01Social network websiteOCT012020_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary met the minimum experience and special skills requirements of the labor certification.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2019-04-16Semiconductor manufacturerAPR162019_01B5203Engineering
The Director concluded that the Petitioner did not demonstrate the Beneficiary's possession of the minimum employment experience and skills required for the offered position.
Support letters generic or unsupported - DismissedNIW · Appeal2018-07-10Petroleum engineerJUL102018_01B5203Engineering
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, finding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that he had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Citation record not persuasiveLabor certification not shown to be impracticalSupport letters generic or unsupportedNo broader implications shownNo interest from users, customers or investors+3 more - DismissedEB-2 · Appeal2018-04-26Roofing companyAPR262018_02B5203Engineering
The Acting Director of the Texas Service Center subsequently revoked the approval of the petition, concluding that based on inconsistencies in the record, the Petitioner did not establish that the Beneficiary possessed the experience required by the labor certification as of the priority date.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Motion to reopen2017-10-23Background check companyOCT232017_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possessed the required experience and skills for the protTered pos1t10n.
Support letters generic or unsupported - RemandedEB-2 · Appeal2017-04-27Provider of information technology servicesAPR272017_01B5203Computing, AI & data
Upon de novo review, we will withdraw the Director's decision and remand the matter for further proceedings consistent with the following opinion and for the entry of a new decision.
Degree not shown to be a U.S. advanced degree equivalentSupport letters generic or unsupported - SustainedNIW · Appeal2016-07-06· old NYSDOT testSenior engineer working on wireless communications technologyJUL062016_01B5203Engineering
The Petitioner in this case has established by a preponderance of the evidence that he qualifies as an advanced degree professional, and that a waiver of the job offer requirement will be in the national interest of the United States.
Argued the field's importance, not the endeavor'sSupport letters generic or unsupportedPast record does not show influence or success - MotionNIW · Motion to reopen2015-08-25· old NYSDOT testOccupation not statedAUG252015_01B5203Engineering
The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.
Not eligible at the time of filingExceptional ability not establishedSupport letters generic or unsupported - DismissedEB-2 · Motion to reopen & reconsider2015-02-24· old NYSDOT testOccupation not statedFEB242015_02B5203Computing, AI & data
The Director found that the petitioner did not establish the beneficiary's five years of progressive post-bachelor work experience in the job offered or in an alternate occupation.
Five years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Motion to reopen & reconsider2015-01-16· old NYSDOT testOccupation not statedJAN162015_01B5203Engineering
The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.
Support letters generic or unsupportedNo interest from users, customers or investors - DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT testOccupation not statedDEC082014_01B5203Engineering
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 documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors - DismissedEB-2 · Motion to reopen & reconsider2014-02-04· old NYSDOT testOccupation not statedFEB042014_07B5203Computing, AI & data
These documents do not establish that the beneficiary's OPT employment with the petitioner extended until February 2007 as the petitioner claims.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Motion to reopen & reconsider2013-11-05· old NYSDOT testOccupation not statedNOV052013_01B5203Computing, AI & data
The director found that the petitioner qualifies for classification as a member of the professions with progressive post-baccalaureate experience equivalent to a master's 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'sSupport letters generic or unsupportedNo interest from users, customers or investors - DismissedEB-2 · Motion to reopen & reconsider2013-07-26· old NYSDOT testOccupation not statedJUL262013_02B5203Computing, 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 documentsFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupportedDid not show the waiver outweighs labor certification - UnknownEB-2 · Motion to reopen & reconsider2013-06-21· old NYSDOT testOccupation not statedJUN212013_02B5203Engineering
Furthermore, the petitioner has not demonstrated that the evaluator's statement is based upon reliable evidence; in that the information provided in the employment statements submitted by the petitioner contradict each other and the statements conflict with the beneficiary ' s sworn statements on the ETA Form 9089.
Claims not backed by documentsInconsistencies in the recordSupport letters generic or unsupported - UnknownEB-2 · Motion to reopen & reconsider2013-06-20· old NYSDOT testOccupation not statedJUN202013_03B5203Computing, AI & data
The director found that "the beneficiary has not met all of the terms listed on the application for labor certification" and that "the beneficiary cannot be found to be qualified for the position.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedPast record does not show influence or success - 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