693 decisions
newest first- DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT testOccupation not statedAPR182014_08B5203Engineering
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 - DismissedEB-2 · Motion to reopen & reconsider2014-04-09· old NYSDOT testOccupation not statedAPR092014_03B5203Engineering
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 - MotionEB-2 · Motion to reopen & reconsider2014-04-03· old NYSDOT testOccupation not statedAPR032014_01B5203Engineering
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 - MotionEB-2 · Motion to reopen & reconsider2014-02-04· old NYSDOT testOccupation not statedFEB042014_08B5203Engineering
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.
- DismissedNIW · Motion to reopen & reconsider2013-11-27· old NYSDOT testOccupation not statedNOV272013_04B5203Engineering
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordEvidence submitted too late - SustainedEB-2 · Appeal2013-11-14· old NYSDOT testOccupation not statedNOV142013_01B5203EngineeringEvidence submitted too late
- 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.
- RemandedEB-2 · Appeal2013-10-31· old NYSDOT testOccupation not statedOCT312013_05B5203Engineering
The director's decision will be withdrawn and the petition remanded for a new decision.
- RemandedEB-2 · Motion to reopen & reconsider2013-09-13· old NYSDOT testOccupation not statedSEP132013_01B5203Engineering
The director's decision will be remanded for further review and entry of a new decision.
- DismissedEB-2 · Motion to reopen & reconsider2013-09-04· old NYSDOT testOccupation not statedSEP042013_02B5203Engineering
Since Part H-14 provides that an individual can qualify for the offered position with less than a baccalaureate followed by five years of progressive experience in the specialty, the petition does not qualify for advanced degree professional classification.
Five years of progressive experience not documentedInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT testOccupation not statedAUG302013_03B5203Engineering
Upon review, the AAO finds that the motion to reconsider does not qualify for consideration under 8 C.
- DismissedEB-2 · Motion to reopen & reconsider2013-08-28· old NYSDOT testOccupation not statedAUG282013_01B5203Engineering
Therefore, since an individual can qualify for the offered position with a degree less than a baccalaureate (followed by five years of progressive experience in the specialty), the petition does not qualify for advanced degree professional classification.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-08-26· old NYSDOT testOccupation not statedAUG262013_02B5203Engineering
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documentsDid not show the waiver outweighs labor certification - DismissedEB-2 · Motion to reopen & reconsider2013-08-22· old NYSDOT testOccupation not statedAUG222013_04B5203Engineering
Therefore, since the beneficiary's master's degree from is not from an accredited institution of higher education, it does not qualify as an advanced degree within the meaning of 8 C.
Five years of progressive experience not documented - MotionEB-2 · Motion to reopen & reconsider2013-07-30· old NYSDOT testOccupation not statedJUL302013_02B5203Engineering
The AAO affirmed the director's decision and also found that the petitioner did not establish that the beneficiary qualified for the proffered position.
- 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