162 decisions
newest first- DismissedNIW · Appeal2019-03-12Mathematics teacher and education researcherMAR122019_03B5203Physical sciences & math
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, and a subsequent motion, finding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that she 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 persuasiveBenefits limited to an employer or its clientsNo broader implications shownPast record does not show influence or success - DismissedNIW · Appeal2019-02-13Forensic scientistFEB132019_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 ofthe labor certification, would be in the national interest.
Citation record not persuasivePast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2019-01-31Petroleum engineerJAN312019_02B5203Engineering
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 ofthe labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingNo broader implications shownPast record does not show influence or success - DismissedNIW · Appeal2018-08-23Researcher in the field of electrical engineeringAUG232018_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that a waiver of the job offer requirement, and thus of the labor certification, would be in the national interest.
Citation record not persuasiveNo interest from users, customers or investorsPast record does not show influence or success - 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 - DismissedNIW · Appeal2018-06-05Chemical process engineerJUN052018_03B5203Engineering
The Director of the Texas Service Center denied the Form I-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 she 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 persuasiveArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DismissedEB-2 · Appeal2018-01-26IT services companyJAN262018_02B5203Computing, AI & data
If the labor certification allows for less than an advanced degree, the position will not qualify for EB-2 classification.
Citation record not persuasiveInconsistencies in the record - DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_01B5203Computing, AI & data
The Director found that the evidence of record did not establish that the Beneficiary met the minimum educational requirements for the offered position.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingDid not show the waiver outweighs labor certification - DismissedEB-2 · Motion to reopen2017-04-21Manufacturer of oil field equipmentAPR212017_01B5203Engineering
The Director determined that the Petitioner had not established its ability to pay the proffered wage from the priority date onward.
Citation record not persuasiveInconsistencies in the recordNo interest from users, customers or investors - DismissedEB-2 · Appeal2017-02-14Software development and support firmFEB142017_01B5203Computing, AI & data
1 For the reasons noted above, we find that the Petitioner has not established that the job;offer portion of the labor certification requires a professional holding an advanced degree or its equivalent, and as such, the labor certification does not support the requested classification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalent - SustainedNIW · Appeal2016-12-12· old NYSDOT testCorrosion science engineerDEC122016_01B5203Engineering
· Thus, the rem~iriing issue in contention is ~hether the Petitioner has established that a waiver of the job offer requirement, and thus a labor certification, is in the national interest according to the three-pronged analysis set forth inNYSDOT.
Citation record not persuasiveArgued the field's importance, not the endeavor's - DismissedEB-2 · Appeal2016-02-29· old NYSDOT testNon-public school for the autistic and developmentally disabledFEB292016_01B5203Computing, AI & data
The Director determined that the Petitioner had not established that the Beneficiary met the minimum requirements of the labor certification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - 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 - DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT testOccupation not statedAPR222015_04B5203Physical sciences & math
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 documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Motion to reopen & reconsider2014-12-15· old NYSDOT testOccupation not statedDEC152014_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.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors - RemandedNIW · Appeal2014-04-22· old NYSDOT testOccupation not statedAPR222014_01B5203Physical sciences & math
Because the petitioner has not established eligibility for the benefit sought, we will remand the petition for a new decision.
Citation record not persuasiveInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT testOccupation not statedAPR182014_03B5203Engineering
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 documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+1 more - DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT testOccupation not statedAPR182014_08B5203Engineering
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 investorsPast record does not show influence or success - DismissedNIW · Motion to reopen & reconsider2014-01-10· old NYSDOT testOccupation not statedJAN102014_01B5203Physical sciences & math
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 documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - RemandedEB-2 · Appeal2013-12-12· old NYSDOT testOccupation not statedDEC122013_01B5203Computing, AI & data
Thus, the petition will be remanded for the director to determine whether the beneficiary is a member of the professions holding an advanced degree, and that the offered position requires, at a minimum, a [p5] (b)(6) NON-PRECEDENT DECISION Page 5 professional holding an advanced degree.
Citation record not persuasiveInconsistencies in the record