693 decisions

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SustainedNIW · Appeal2016-12-12· old NYSDOT test
Corrosion science engineerDEC122016_01B5203
Engineering
· Thus, the rem~iriing issue in contention is ~hether the Petitioner has established that a waiver of the job offer requirement, and thus a labor certification, is in the national interest according to the three-pronged analysis set forth inNYSDOT.
Citation record not persuasiveArgued the field's importance, not the endeavor's
DismissedEB-2 · Appeal2016-12-05· old NYSDOT test
Operator of automotive dealershipsDEC052016_01B5203
Engineering
The Director concluded that the record did not establish the Beneficiary's possession of the educational credentials required for the offered position and the requested classification.
Degree not shown to be a U.S. advanced degree equivalent
DismissedNIW · Appeal2016-08-22· old NYSDOT test
Aerospace engineerAUG222016_01B5203
Engineering
He found that the Petitioner did not establish that a waiver of the job offer requirement is in the national interest.
Tried to change the endeavor after filingEvidence submitted too late
SustainedNIW · Appeal2016-07-28· old NYSDOT test
Petroleum geomechanics engineerJUL282016_01B5203
Engineering
Therefore, on the basis of the evidence submitted, the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, will be in the national interest of the United States.
Argued the field's importance, not the endeavor's
SustainedNIW · Appeal2016-07-06· old NYSDOT test
Senior engineer working on wireless communications technologyJUL062016_01B5203
Engineering
The Petitioner in this case has established by a preponderance of the evidence that he qualifies as an advanced degree professional, and that a waiver of the job offer requirement will be in the national interest of the United States.
Argued the field's importance, not the endeavor'sSupport letters generic or unsupportedPast record does not show influence or success
DismissedEB-2 · Certification2016-02-09· old NYSDOT test
Electrical contractorFEB092016_07B5203
Engineering
The Director determined that the Beneficiary did not qualify for classification as an advanced degree professional under section 203(b )(2) of the Act, or meet the minimum requirements on the labor certification to qualify for the job offered.
Claims not backed by documentsFive years of progressive experience not documented
SustainedEB-2 · Appeal2015-12-29· old NYSDOT test
Motor manufacturerDEC292015_02B5203
Engineering
MotionNIW · Motion to reopen2015-08-25· old NYSDOT test
Occupation not statedAUG252015_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.
Not eligible at the time of filingExceptional ability not establishedSupport letters generic or unsupported
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.
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
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
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.
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
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
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
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
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
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
SustainedEB-2 · Appeal2014-09-25· old NYSDOT test
Occupation not statedSEP252014_01B5203
Engineering
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