781 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-06-28· old NYSDOT testOccupation not statedJUN282013_07B5203Engineering
In addition, the Director found that the record failed to establish that the beneficiary had the requisite five years of qualifYing experience.
Degree not shown to be a U.S. advanced degree equivalent - UnknownEB-2 · Motion to reopen & reconsider2013-06-21· old NYSDOT testOccupation not statedJUN212013_02B5203Engineering
Furthermore, the petitioner has not demonstrated that the evaluator's statement is based upon reliable evidence; in that the information provided in the employment statements submitted by the petitioner contradict each other and the statements conflict with the beneficiary ' s sworn statements on the ETA Form 9089.
Claims not backed by documentsInconsistencies in the recordSupport letters generic or unsupported - RemandedEB-2 · Appeal2013-06-20· old NYSDOT testOccupation not statedJUN202013_04B5203Engineering
The matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with the decision below.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - SustainedNIW · Appeal2013-06-11· old NYSDOT testChemical engineerJUN112013_02B5203Engineering
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.
Past record does not show influence or success - SustainedNIW · Appeal2013-06-11· old NYSDOT testOccupation not statedJUN112013_04B5203Engineering
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.
Past record does not show influence or success - RemandedEB-2 · Appeal2013-06-06· old NYSDOT testOccupation not statedJUN062013_01B5203Engineering
The Director's decision will be withdrawn, and the petition remanded for a new decision.
- DismissedEB-2 · Motion to reopen & reconsider2013-06-04· old NYSDOT testOccupation not statedJUN042013_04B5203Engineering
The director determined that the petitioner failed to demonstrate its ability to pay the proffered wage.
Claims not backed by documents - DismissedEB-2 · Motion to reconsider2013-04-16· old NYSDOT testOccupation not statedAPR162013_01B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of experience stated on the labor certification.
Claims not backed by documents - DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_02B5203Physical 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 broader implications shownNo interest from users, customers or investors - DismissedNIW · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_03B5203Physical 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.
No interest from users, customers or investors - DismissedEB-2 · Motion to reopen2013-03-18· old NYSDOT testCopy of a marriage certificate between the beneficiary and the petitioning spouseMAR182013_06B5203Engineering
In the instant case, the evidence contained in the record does not show that the marriage was not entered into for the purpose of evading the immigration laws.
Claims not backed by documentsInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_05B5203Physical sciences & math
that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest ofthe United States.
Citation record not persuasiveArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - UnknownEB-2 · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_08B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification or as required by the advanced degree professional classification.
- DismissedNIW · Motion to reopen & reconsider2013-02-20· old NYSDOT testEngineer scientistFEB202013_04B5203Engineering
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 - DismissedEB-2 · Motion to reopen & reconsider2013-02-19· old NYSDOT testOccupation not statedFEB192013_04B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not qualify for the second preference classification and that the beneficiary did meet the job qualifications stated on the alien employment certification before the priority date.
Not eligible at the time of filingFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Motion to reconsider2013-02-01· old NYSDOT testOccupation not statedFEB012013_03B5203Engineering
The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced.
Claims not backed by documents - DismissedEB-2 · Motion to reopen & reconsider2013-01-31· old NYSDOT testOccupation not statedJAN312013_01B5203Engineering
The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional · holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.
- DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_14B5203Engineering
Beyond the decision of the director, the petitioner has also failed to establish that the ETA Form 9089 supports a professional holding an advanced degree.
Claims not backed by documents - DismissedEB-2 · Motion to reopen & reconsider2013-01-28· old NYSDOT testOccupation not statedJAN282013_03B5203Engineering
The director determined that the petitioner had not established its continuing ability to pay the proffered wage to the beneficiary since the priority date.
- DismissedEB-2 · Motion to reopen & reconsider2013-01-24· old NYSDOT testOccupation not statedJAN242013_04B5203Engineering
Upon reviewing the petition, the director determined that the petitioner failed to establish that the beneficiary met the job qualifications stated on the alien.