13 decisions
newest first- WithdrawnNIW · Appeal2023-11-17Information technology entrepreneurNOV172023_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueNo broader implications shownPlan or projections not corroboratedPast record does not show influence or success - WithdrawnEB-2 · Appeal2022-12-07Computer software solutions businessDEC072022_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - 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 - UnknownEB-2 · Appeal2016-04-25· old NYSDOT testProvider of information technology servicesAPR252016_02B5203Computing, AI & data
Because the record at the time of the NOIR's issuance did not establish the bona fides of the job opportunity or the validity of the accompanying labor certification, the Director properly issued the NOIR.
Degree not shown to be a U.S. advanced degree equivalentNo interest from users, customers or investors - UnknownEB-2 · Appeal2015-12-29· old NYSDOT testProvider of information technology servicesDEC292015_01B5203Computing, AI & data
28, 2013) (finding that an employer did not establish a bona fide job opportunity where the beneficiary was the cousin of three shareholders, including two majority shareholders who made all of the employer's hiring decisions); Matter of Dr.
- UnknownEB-2 · Appeal2013-12-05· old NYSDOT testOccupation not statedDEC052013_07B5203Computing, 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 - WithdrawnEB-2 · Motion to reopen & reconsider2013-09-27· old NYSDOT testMicrosoft technologies specialistSEP272013_01B5203Computing, 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 - UnknownEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT testOccupation not statedAUG302013_05B5203Computing, AI & dataFive years of progressive experience not documented
- UnknownEB-2 · Motion to reopen2013-08-22· old NYSDOT testOccupation not statedAUG222013_02B5203Computing, 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.
- UnknownEB-2 · Motion to reopen & reconsider2013-06-27· old NYSDOT testOccupation not statedJUN272013_04B5203Computing, AI & data
The director determined that the petitioner had multiple Form 1- 140 petitions, either pending or approved but not yet adjusted, and that the petitioner had failed to demonstrate that it had the continuing ability to pay all the approved of the beneficiaries' wages beginning on the priority date of the visa petition.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordDid not show the waiver outweighs labor certification - UnknownEB-2 · Motion to reopen & reconsider2013-06-20· old NYSDOT testOccupation not statedJUN202013_03B5203Computing, AI & data
The director found that "the beneficiary has not met all of the terms listed on the application for labor certification" and that "the beneficiary cannot be found to be qualified for the position.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedPast record does not show influence or success - UnknownEB-2 · Motion to reopen & reconsider2013-05-28· old NYSDOT testOccupation not statedMAY282013_05B5203Computing, AI & data
Upon reviewing the petition, the director determined that the petitioner failed to demonstrate that the beneficiary satisfied the minimum level of education required by the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - WithdrawnEB-2 · Motion to reopen & reconsider2013-02-12· old NYSDOT testOccupation not statedFEB122013_05B5203Computing, AI & data
Therefore, it does not qualify as an advanced degree within the meaning of 8 C.