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781 decisions

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  1. SustainedNIW · Appeal2015-08-06· old NYSDOT test
    Mechanical engineering researcherAUG062015_01B5203
    Engineering

    The sole issue in contention is whether the petitioner has established that a waiver of the job offer requirement , and thus a labor certification, is in the national interest.

  2. DismissedNIW · Appeal2015-06-12· old NYSDOT test
    Mathematics teacherJUN122015_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.

    Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
  3. DismissedNIW · Appeal2015-06-05· old NYSDOT test
    Engineer willJUN052015_02B5203
    Engineering

    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.

    No interest from users, customers or investors
  4. DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
    ResearcherAPR222015_01B5203
    Engineering

    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.

    Not eligible at the time of filingArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
  5. DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
    Occupation not statedAPR222015_04B5203
    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.

    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
  6. SustainedEB-2 · Appeal2015-04-03· old NYSDOT test
    Occupation not statedAPR032015_04B5203
    Engineering

    Upon review of the entire record, including evidence submitted on appeal and in response to a Request for Evidence issued by us, we conclude that the petitioner has established that it is more likely than not that the beneficiary had all the education, training, and experience specified on the ETA Form 9089 as of the priority date of May 14, 2013.

  7. DismissedEB-2 · Motion to reopen & reconsider2015-01-23· old NYSDOT test
    Occupation not statedJAN232015_02B5203
    Engineering

    Applying the analysis set forth above to the instant petition, the petitioner has not established a valid successor relationship for immigration purposes.

    Not eligible at the time of filing
  8. DismissedEB-2 · Motion to reopen & reconsider2015-01-20· old NYSDOT test
    Occupation not statedJAN202015_01B5203
    Engineering

    The director found that the beneficiary did not meet the requirements for classification as an advanced degree professional.

    Five years of progressive experience not documented
  9. DismissedNIW · Motion to reopen & reconsider2015-01-16· old NYSDOT test
    Occupation not statedJAN162015_01B5203
    Engineering

    The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.

    Support letters generic or unsupportedNo interest from users, customers or investors
  10. DismissedEB-2 · Motion to reopen & reconsider2014-12-24· old NYSDOT test
    Occupation not statedDEC242014_01B5203
    Engineering

    The director's decision denying the petition states that the evidence submitted did not demonstrate that the beneficiary had 26 months of experience.

    Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the record
  11. DismissedNIW · Motion to reopen & reconsider2014-12-15· old NYSDOT test
    Occupation not statedDEC152014_01B5203
    Engineering

    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 documentsNo interest from users, customers or investors
  12. DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
    Occupation not statedDEC082014_01B5203
    Engineering

    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 documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors
  13. DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
    Occupation not statedDEC082014_02B5203
    Physical 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
  14. SustainedEB-2 · Appeal2014-09-25· old NYSDOT test
    Occupation not statedSEP252014_01B5203
    Engineering
  15. RemandedNIW · Appeal2014-04-22· old NYSDOT test
    Occupation not statedAPR222014_01B5203
    Physical sciences & math

    Because the petitioner has not established eligibility for the benefit sought, we will remand the petition for a new decision.

    Citation record not persuasiveInconsistencies in the record
  16. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_03B5203
    Engineering

    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 broader implications shownNo interest from users, customers or investors+1 more
  17. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_08B5203
    Engineering

    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 documentsNo interest from users, customers or investorsPast record does not show influence or success
  18. DismissedEB-2 · Motion to reopen & reconsider2014-04-09· old NYSDOT test
    Occupation not statedAPR092014_03B5203
    Engineering

    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.

    No interest from users, customers or investors
  19. MotionEB-2 · Motion to reopen & reconsider2014-04-03· old NYSDOT test
    Occupation not statedAPR032014_01B5203
    Engineering

    For the reasons stated above, the AAO affirms the director's decision that the petitioner failed to establish that the beneficiary met the minimum requirements of the offered position set forth on the labor certification as of the priority date.

    Claims not backed by documentsInconsistencies in the record
  20. MotionEB-2 · Motion to reopen & reconsider2014-02-04· old NYSDOT test
    Occupation not statedFEB042014_08B5203
    Engineering

    The director's decision denying the petition concluded that the beneficiary's Bachelor's degree in Mechanical Engineering does not meet the educational requirements of the labor certification to qualify him as an advanced degree professional.