1,020 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-02-21· old NYSDOT testOccupation not statedFEB212013_06B5203Computing, 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.
- SustainedNIW · Appeal2013-02-19· old NYSDOT testPostdoctoral associateFEB192013_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 certification, is in the national interest.
Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - RejectedEB-2 · Other2013-02-19· old NYSDOT testOccupation not statedFEB192013_05B5203Law & policy
not established that the beneficiary will work at the location specified on the labor certification or that the job offer at that location was valid.
- DismissedNIW · Motion to reopen & reconsider2013-02-19· old NYSDOT testOccupation not statedFEB192013_07B5203Law & policy
The director also found that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest ofthe United States.
Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+2 more - DismissedNIW · Motion to reopen & reconsider2013-02-15· old NYSDOT testOccupation not statedFEB152013_01B5203Computing, AI & data
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 ofthe United States.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investors - RejectedEB-2 · Appeal2013-02-14· old NYSDOT testOccupation not statedFEB142013_01B5203Law & policy
The director found that the · petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interestof the United States.
- 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 - WithdrawnEB-2 · Motion to reopen & reconsider2013-02-12· old NYSDOT testOccupation not statedFEB122013_05B5203Computing, AI & data
Therefore, it does not qualify as an advanced degree within the meaning of 8 C.
- RejectedEB-2 · Other2013-02-12· old NYSDOT testOccupation not statedFEB122013_06B5203Law & policy
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum .
- SustainedEB-2 · Motion to reopen & reconsider2013-02-04· old NYSDOT testOccupation not statedFEB042013_01B5203Computing, AI & data
- UnknownNIW · Motion to reopen & reconsider2013-02-01· old NYSDOT testOccupation not statedFEB012013_11B5203Law & 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.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors - MotionEB-2 · Motion to reopen2013-01-31· old NYSDOT testOccupation not statedJAN312013_02B5203Law & policy
· The director determined that the Form ETA 750 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.
Claims not backed by documents - 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 - DismissedNIW · Motion to reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_06B5203Law & 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 documentsNot eligible at the time of filingInconsistencies in the recordNo interest from users, customers or investorsRelied on a labor shortage - DismissedNIW · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_08B5203Law & 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 o~fer would be in the national interest ofthe United States.
Citation record not persuasiveArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - 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 & reconsider2013-01-28· old NYSDOT testOccupation not statedJAN282013_04B5203Computing, AI & data
· The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.
Claims not backed by documents - MotionEB-2 · Motion to reopen & reconsider2013-01-24· old NYSDOT testOccupation not statedJAN242013_02B5203Computing, AI & data
The AAO decision agreed with the director that the petitioner failed to establish that it possessed the continued ability to pay the proffered wage.
Claims not backed by documents - 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 - DismissedNIW · Motion to reopen & reconsider2013-01-23· old NYSDOT testOccupation not statedJAN232013_01B5203Law & 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 documentsInconsistencies in the recordNo interest from users, customers or investors