30 decisions
newest first- 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 - DeniedNIW · Certification2016-12-02· old NYSDOT testScience teacherDEC022016_02B5203Education
The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that he had not established that a waiver of a job offer would be in the national interest.
Argued 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 - 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 · Appeal2016-04-04· old NYSDOT testInstructional coordinatorAPR042016_01B5203Education
Invalidation of the Labor Certification The Director invalidated the labor certification and denied the petition after concluding that the record did not establish that the Petitioner had extended a valid full-time offer of employment to the Beneficiary.
Inconsistencies in the record - 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.
- DeniedNIW · Motion to reopen & reconsider2015-04-29· old NYSDOT testOccupation not statedAPR292015_01B5203Education
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.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - UnknownEB-2 · Appeal2015-01-20· old NYSDOT testOccupation not statedJAN202015_02B5203Education
The director's decision concluded that the proffered position's minimum education and experience requirements did not meet the standard for classification as an advanced degree professional.
- DeniedEB-2 · Motion to reopen & reconsider2014-08-14· old NYSDOT testOccupation not statedAUG142014_03B5203Computing, AI & data
The director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - UnknownEB-2 · Other2014-04-22· old NYSDOT testOccupation not statedAPR222014_02B5203EducationClaims not backed by documents
- DeniedEB-2 · Motion to reopen & reconsider2014-04-09· old NYSDOT testOccupation not statedAPR092014_04B5203Education
The Director, Texas Service Center, denied the petition concluding that the beneficiary 1) does not qualify as a member of the professions holding an advanced degree, (2) that the petitioner had not established its ability to pay the beneficiary's wage and (3) that the petitioner had not established that the offered position constitutes permanent employment.
Degree not shown to be a U.S. advanced degree equivalent - DeniedEB-2 · Motion to reopen & reconsider2014-04-09· old NYSDOT testOccupation not statedAPR092014_05B5203Education
The Director, Texas Service Center, denied the petition concluding that the beneficiary 1) does not qualify as a member of the professions holding an advanced degree, (2) that the petitioner had not established its ability to pay the beneficiary's wage and (3) that the petitioner had not established that the offered position constitutes permanent employment.
Degree not shown to be a U.S. advanced degree equivalent - 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 - UnknownNIW · Appeal2013-12-05· old NYSDOT testHigh school scienceDEC052013_08B5203Education
The director found that the petitioner qualifies for classification as a member of the professions with the equivalent of an advanced degree but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Relied on a labor shortage - UnknownEB-2 · Appeal2013-11-14· old NYSDOT testOccupation not statedNOV142013_02B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum education requirements stated oil the labotcettification.
- DeniedEB-2 · Motion to reopen & reconsider2013-11-01· old NYSDOT testOccupation not statedNOV012013_01B5203Computing, 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.
- 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.
- DeniedEB-2 · Motion to reopen & reconsider2013-08-15· old NYSDOT testOccupation not statedAUG152013_04B5203Education
Upon reviewing the petition, the director determined that the petitioner had failed to establish that the beneficiary is qualified to perform the duties of the proffered position with a minimum of a bachelor's degree in public relations, English or journalism and 60 months (five years) of qualifying employment yxperience.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - UnknownEB-2 · Motion to reopen2013-07-16· old NYSDOT testOccupation not statedJUL162013_01B5203Education
The director determined that the petitioner failed to demonstrate a continuing ability to pay the proffered wage beginning on the priority date.
- 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