226 decisions
newest first- DismissedEB-2 · Motion to reopen2022-07-06Software engineerJUL062022_01B5203Computing, AI & data
1 The Director found that the Petitioner did not establish that the Beneficiary possessed the required education and experience for the offered position, and that the job offer was bonafide.
Inconsistencies in the record - UnknownEB-2 · Certification2022-06-03Software engineerJUN032022_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the combined proffered wages of this and other Form 1-140 petitions.
Inconsistencies in the record - MotionNIW · Motion to reopen & reconsider2022-04-05Software developerAPR052022_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability or that a waiver of the requiredjoboffer,andthusofthelaborcertification,wouldbeinthenationalinterest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the record - MotionNIW · Motion to reopen & reconsider2022-01-13Mathematics teacherJAN132022_02B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding 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.
- MotionNIW · Motion to reopen2021-12-30Research coordinatorDEC302021_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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.
Not eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reopen2021-11-30Research coordinatorNOV302021_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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.
Not eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reopen & reconsider2021-05-18Mathematics teacherMAY182021_01B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding 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.
- DismissedEB-2 · Motion to reopen2021-02-16Software development companyFEB162021_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not establish its continuing ability to pay the Beneficiary the proffered wage from the priority date.
Claims not backed by documentsInconsistencies in the recordSupport letters generic or unsupportedPlan or projections not corroborated - DismissedEB-2 · Motion to reconsider2021-01-05Senior programmer analystJAN052021_01B5203Computing, AI & data
We affirmed the Director's conclusion that the Petitioner did not demonstrate its required ability to pay the proffered wage of the offered position.
- RemandedEB-2 · Motion to reconsider2021-01-05Developer of software for online advertisingJAN052021_02B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the recordLabor certification not shown to be impractical - RemandedEB-2 · Motion to reopen2020-09-03Senior software engineerSEP032020_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Claims not backed by documentsInconsistencies in the record - RemandedEB-2 · Motion to reopen2020-09-03Software developerSEP032020_02B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the recordLabor certification not shown to be impractical - RemandedEB-2 · Certification2020-09-03Software and hardware development businessSEP032020_03B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the case for further consideration of whether the Beneficiary has the requisite skills under the terms of the labor certification to qualify for the proffered position.
- MotionEB-2 · Motion to reopen & reconsider2020-04-29Senior software developerAPR292020_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's continuing ability to pay the proffered wage.
Inconsistencies in the record - RemandedEB-2 · Motion to reconsider2020-03-13Senior software developerMAR132020_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen2020-03-11Cloud support programmer analystMAR112020_01B5203Computing, AI & data
Otherwise, a record would not establish that a degree resulted from completion of aneducationalprogramofacceptablequality.
- MotionNIW · Motion to reopen & reconsider2020-03-06Mathematics teacherMAR062020_01B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding 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.
- DismissedEB-2 · Certification2020-02-06Software engineerFEB062020_02B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate the Beneficiary's possession of a bachelor's degree in the field of study required by the offered position.
Inconsistencies in the record - RemandedEB-2 · Certification2020-02-03Computer software businessFEB032020_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's finding with regard to the Petitioner's ability to pay the proffered wage.
- MotionEB-2 · Motion to reopen & reconsider2019-08-05Software engineerAUG052019_01B5203Computing, AI & data
The evidence submitted by the Beneficiary does not establish that the prior decision to deny the motion to reopen as untimely was incorrect.