226 decisions
newest first- DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT testOccupation not statedAPR222015_02B5203Computing, 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 of the United States.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investorsPast record does not show influence or success - 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 & reconsider2015-04-15· old NYSDOT testOccupation not statedAPR152015_01B5203Computing, AI & data
The director found that the petitioner had not established that he qualifies for the classification sought.
Claims not backed by documentsNot eligible at the time of filing - DismissedEB-2 · Motion to reopen & reconsider2015-04-14· old NYSDOT testOccupation not statedAPR142015_01B5203Computing, AI & data
master's degree, he does not qualify for the proffered position under the terms of the labor certification based solely on his education.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2015-02-24· old NYSDOT testOccupation not statedFEB242015_02B5203Computing, AI & data
The Director found that the petitioner did not establish the beneficiary's five years of progressive post-bachelor work experience in the job offered or in an alternate occupation.
Five years of progressive experience not documentedSupport letters generic or unsupported - MotionEB-2 · Motion to reopen & reconsider2015-02-24· old NYSDOT testOccupation not statedFEB242015_03B5203Computing, AI & data
Our decision dismissing the appeal found that the evidence of record does not establish the beneficiary's possession of a U.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2015-02-10· old NYSDOT testOccupation not statedFEB102015_04B5203Computing, AI & data
The petitioner also has not established that it had sufficient net income to pay the proffered wages of its other sponsored workers in any of the years at issue.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2015-01-08· old NYSDOT testOccupation not statedJAN082015_01B5203Computing, AI & data
- DismissedEB-2 · Motion to reopen & reconsider2014-12-30· old NYSDOT testOccupation not statedDEC302014_01B5203Computing, AI & data
The Director concluded that the record did not establish the beneficiary's qualifying experience for the offered position by the petition's priority date.
Not eligible at the time of filingInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT testOccupation not statedDEC082014_02B5203Physical sciences & math
The director found that the petitioner qualifies for the classification sought, 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 documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or successRelied on a labor shortage - MotionEB-2 · Motion to reopen & reconsider2014-12-02· old NYSDOT testOccupation not statedDEC022014_01B5203Computing, AI & data
The director determined that the petitioner failed to establish its ability to pay the proffered wage from the October 27, 2006 priority date onwards.
- DismissedEB-2 · Motion to reopen & reconsider2014-11-21· old NYSDOT testOccupation not statedNOV212014_01B5203Computing, AI & data
Specifically , the proffered position's minimum education and experience requirements did not meet the standard for classification as an advanced degree professional because section H.
- DismissedEB-2 · Motion to reopen & reconsider2014-11-13· old NYSDOT testOccupation not statedNOV132014_02B5203Computing, AI & data
On November 18, 2013, the Director denied the petition on the ground that the petitioner failed to establish that the beneficiary has a U.
Degree not shown to be a U.S. advanced degree equivalent - RemandedEB-2 · Motion to reopen & reconsider2014-10-03· old NYSDOT testOccupation not statedOCT032014_01B5203Computing, AI & data
The director's decision will be withdrawn and the petition remanded for a new decision.
Inconsistencies in the record - RemandedEB-2 · Motion to reopen2014-10-03· old NYSDOT testOccupation not statedOCT032014_02B5203Computing, AI & data
The Director's decisions will be withdrawn and the case remanded for further consideration.
Inconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2014-09-23· old NYSDOT testSoftware engineerSEP232014_01B5203Computing, AI & data
The director determined that the petitioner failed to establish that it had the continuing ability to pay the proffered wage of $76,960 per year.
- DismissedEB-2 · Motion to reopen & reconsider2014-09-18· old NYSDOT testOccupation not statedSEP182014_01B5203Computing, AI & data
We did not, however, find the visa petition to be approvable as the record failed to establish that the beneficiary held an advanced degree in a field required by the labor certification.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2014-09-04· old NYSDOT testOccupation not statedSEP042014_03B5203Computing, 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 .
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2014-08-26· old NYSDOT testOccupation not statedAUG262014_04B5203Computing, AI & data
The director determined that the petitioner had not established that it had a valid job offer for the beneficiary.
Claims not backed by documents - DismissedEB-2 · Motion to reopen & reconsider2014-08-26· old NYSDOT testOccupation not statedAUG262014_05B5203Computing, AI & data
The director denied the petition, finding that the evidence did not overcome his concerns raised in the RFE, and that the petitioner had not established the beneficiar y's qualifications for the proffered position as ofthe priority date.