227 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-03-19· old NYSDOT testOccupation not statedMAR192013_02B5203Computing, AI & data
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 documentsInconsistencies in the record - DismissedEB-2 · Motion to reopen2013-03-18· old NYSDOT testCopy of a marriage certificate between the beneficiary and the petitioning spouseMAR182013_06B5203Engineering
In the instant case, the evidence contained in the record does not show that the marriage was not entered into for the purpose of evading the immigration laws.
Claims not backed by documentsInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_09B5203Computing, AI & data
·the beneficiary did not meet the job qualifications stated on the labor certification.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-03-07· old NYSDOT testOccupation not statedMAR072013_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.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-02-28· old NYSDOT testOccupation not statedFEB282013_02B5203Computing, AI & data
Therefore, in the instant case, the petitioner has not established that it paid the beneficiary the full proffered wage during any relevant timeframe ·including the period from the priority date on March 28, 2011 or subsequently.
Claims not backed by documentsInconsistencies in the record - 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 - 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