PetitionLens

865 decisions

newest first
  1. DismissedEB-2 · Motion to reopen & reconsider2013-12-05· old NYSDOT test
    Occupation not statedDEC052013_04B5203
    Computing, AI & data
  2. UnknownEB-2 · Appeal2013-12-05· old NYSDOT test
    Occupation not statedDEC052013_07B5203
    Computing, AI & data

    Nevertheless, the record does not establish that the petitioner · did not intend to employ the beneficiary at the time of filing the application for labor certificCJ.

    Claims not backed by documents
  3. UnknownNIW · Motion to reopen & reconsider2013-12-05· old NYSDOT test
    Occupation not statedDEC052013_14B5203
    Physical sciences & math

    S not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Exceptional ability not establishedSupport letters generic or unsupportedNo interest from users, customers or investorsPlan or projections not corroborated
  4. DismissedEB-2 · Motion to reopen & reconsider2013-11-26· old NYSDOT test
    Occupation not statedNOV262013_02B5203
    Computing, AI & data

    The director determined that the petitioner failed to demonstrate that the labor certification required an advanced degree for the position so that the category requested was inapplicable and that the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onwards.

    Claims not backed by documents
  5. RemandedEB-2 · Motion to reconsider2013-11-14· old NYSDOT test
    Occupation not statedNOV142013_03B5203
    Computing, AI & data

    1 The director's decision to revoke the petition will be withdrawn, and the matter will be remanded for further consideration.

    Claims not backed by documentsInconsistencies in the record
  6. RemandedEB-2 · Appeal2013-11-12· old NYSDOT test
    Occupation not statedNOV122013_04B5203
    Physical sciences & math

    The director's decision will be withdrawn, and the matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with below.

    Inconsistencies in the record
  7. DismissedNIW · Motion to reopen & reconsider2013-11-05· old NYSDOT test
    Occupation not statedNOV052013_01B5203
    Computing, AI & data

    The director found that the petitioner qualifies for classification as a member of the professions with progressive post-baccalaureate experience equivalent to a master's 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'sSupport letters generic or unsupportedNo interest from users, customers or investors
  8. DeniedEB-2 · Motion to reopen & reconsider2013-11-01· old NYSDOT test
    Occupation not statedNOV012013_01B5203
    Computing, AI & data

    If the petitioner does not establish that it employed and paid the beneficiary an aJ,llount at least equal to the proffered wage during that period, users will next examine the net income figure reflected on the petitioner's federal income tax return, without consideration of depreciation or other expenses.

  9. RemandedEB-2 · Motion to reopen & reconsider2013-10-31· old NYSDOT test
    Occupation not statedOCT312013_06B5203
    Computing, AI & data

    The petition is remanded to the director for consideration of the issue stated above.

  10. DismissedNIW · Motion to reopen & reconsider2013-10-08· old NYSDOT test
    Occupation not statedOCT082013_02B5203
    Physical 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.

    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
  11. DismissedEB-2 · Motion to reopen & reconsider2013-10-03· old NYSDOT test
    Occupation not statedOCT032013_01B5203
    Computing, 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.

    Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record
  12. MotionEB-2 · Motion to reopen & reconsider2013-10-02· old NYSDOT test
    Occupation not statedOCT022013_01B5203
    Computing, AI & data

    The director revoked the approval of the petition on July 2, 2012, stating that the petitioner had failed to establish its ability to pay the proffered wage as of the priority date and continuing until the beneficiary obtains lawful permanent residence.

    Claims not backed by documentsInconsistencies in the record
  13. WithdrawnEB-2 · Motion to reopen & reconsider2013-09-27· old NYSDOT test
    Microsoft technologies specialistSEP272013_01B5203
    Computing, AI & data

    qecision denying the petition stated that the petitioner had not established that the beneficiary had the required experienCe as stated on the labor certification .

    Inconsistencies in the record
  14. DismissedEB-2 · Motion to reopen & reconsider2013-09-26· old NYSDOT test
    Occupation not statedSEP262013_04B5203
    Computing, AI & data

    The director's decision denying the petition concludes that the petitioner has not established that it intended to employ the beneficiary in the area of intended employment.

  15. MotionEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT test
    Occupation not statedAUG302013_01B5203
    Computing, AI & data

    The director determined that the petitioner had failed to establish that it had the continuing ability to pay the beneficiary the proffered wage from the priority date of December 9, 2004, onward.

    Inconsistencies in the record
  16. UnknownEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT test
    Occupation not statedAUG302013_05B5203
    Computing, AI & data
    Five years of progressive experience not documented
  17. DismissedEB-2 · Motion to reopen & reconsider2013-08-29· old NYSDOT test
    Occupation not statedAUG292013_02B5203
    Computing, AI & data

    However, the AAO determined that the petitioner had failed to establish that the beneficiary possesses all the experience requirements indicated on the labor certification, with five years of qualifying progressive employment experience in the job offered.

    Claims not backed by documentsFive years of progressive experience not documented
  18. SustainedEB-2 · Appeal2013-08-23· old NYSDOT test
    Occupation not statedAUG232013_02B5203
    Computing, AI & data
  19. UnknownEB-2 · Motion to reopen2013-08-22· old NYSDOT test
    Occupation not statedAUG222013_02B5203
    Computing, AI & data

    The director revoked the approval of the petition after concluding that the record did not establish that the benericiary was qualified for the offered position and that the labor certification was gained through fra11d or willful misrepresentation of a material fact.

  20. DismissedEB-2 · Motion to reopen & reconsider2013-08-16· old NYSDOT test
    Occupation not statedAUG162013_05B5203
    Computing, AI & data

    The director further determined that because the labor certification in the instant matter would allow for the combination of education, experience, and/or training that is "equivalent" to a bachelor's degree, the labor certification did not meet the classification of an E21, a member of the professions holding an advanced degree or an alien of exceptional ability.

    Five years of progressive experience not documented