1,713 decisions
newest first- 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 - 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 - DeniedEB-2 · Motion to reopen & reconsider2013-06-21· old NYSDOT testOccupation not statedJUN212013_06B5203Computing, AI & data
Therefore, the petitioner has not demonstrated that the beneficiary is qualified to perform the duties of the proffered position.
Claims not backed by documents - DismissedEB-2 · Motion to reopen & reconsider2013-06-20· old NYSDOT testOccupation not statedJUN202013_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.
- RejectedEB-2 · Appeal2013-06-20· old NYSDOT testOccupation not statedJUN202013_02B5203Law & policy
- 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 - RemandedEB-2 · Appeal2013-06-20· old NYSDOT testOccupation not statedJUN202013_04B5203Engineering
The matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with the decision below.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - RemandedEB-2 · Appeal2013-06-11· old NYSDOT testOccupation not statedJUN112013_01B5203Computing, AI & data
The case will be remanded to the director for further review and entry of a new decision.
- SustainedNIW · Appeal2013-06-11· old NYSDOT testChemical engineerJUN112013_02B5203Engineering
The sole issue in contention is whether the petitioner has established that a waiver of the job offer requirement, and thus a labor certification, is in the national interest.
Past record does not show influence or success - SustainedNIW · Appeal2013-06-11· old NYSDOT testOccupation not statedJUN112013_04B5203Engineering
The sole issue in contention is whether the petitioner has established that a waiver of the job offer requirement, and thus a labor certification, is in the national interest.
Past record does not show influence or success - SustainedEB-2 · Motion to reopen2013-06-11· old NYSDOT testOccupation not statedJUN112013_05B5203Computing, AI & data
- RejectedNIW · Appeal2013-06-10· old NYSDOT testOccupation not statedJUN102013_02B5203Law & policy
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.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investors - MotionNIW · Motion to reopen & reconsider2013-06-10· old NYSDOT testOccupation not statedJUN102013_12B5203Law & policy
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 documentsNo interest from users, customers or investorsPast record does not show influence or success - RemandedEB-2 · Appeal2013-06-06· old NYSDOT testOccupation not statedJUN062013_01B5203Engineering
The Director's decision will be withdrawn, and the petition remanded for a new decision.
- MotionEB-2 · Motion to reopen & reconsider2013-06-06· old NYSDOT testOccupation not statedJUN062013_02B5203Computing, AI & data
bachelor's degree, 1 therefore the beneficiary did not possess the education required by the advanced degree professional classification2 and did not meet 1 The record contains copies of the diploma and transcripts for the beneficiary's three-year Bachelor of Commerce degree from India and a postgraduate diploma from the , India.
Degree not shown to be a U.S. advanced degree equivalent - 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 - DeniedEB-2 · Motion to reopen & reconsider2013-06-04· old NYSDOT testOccupation not statedJUN042013_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 documents - DismissedEB-2 · Motion to reopen & reconsider2013-06-04· old NYSDOT testOccupation not statedJUN042013_04B5203Engineering
The director determined that the petitioner failed to demonstrate its ability to pay the proffered wage.
Claims not backed by documents - SustainedNIW · Appeal2013-05-30· old NYSDOT testOccupation not statedMAY302013_02B5203Law & policy
The sole issue in contention is whether the petitioner has established that a waiver of the job offer requirement, and thus a labor cetiification, is in the national interest.