1,713 decisions
newest first- MotionEB-2 · Motion to reopen2013-01-31· old NYSDOT testOccupation not statedJAN312013_02B5203Law & policy
· The director determined that the Form ETA 750 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.
Claims not backed by documents - DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_04B5203Computing, AI & data
Upon reviewing the petition, the director determined that the beneficiary did not meet the job qualifications stated on the labor certification.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the record - DismissedNIW · Motion to reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_06B5203Law & policy
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 filingInconsistencies in the recordNo interest from users, customers or investorsRelied on a labor shortage - DismissedNIW · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_08B5203Law & policy
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 o~fer would be in the national interest ofthe United States.
Citation record not persuasiveArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - 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 & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_16B5203Computing, AI & data
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.
Five years of progressive experience not documented - 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 & reconsider2013-01-28· old NYSDOT testOccupation not statedJAN282013_04B5203Computing, AI & data
· The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.
Claims not backed by documents - MotionEB-2 · Motion to reopen & reconsider2013-01-24· old NYSDOT testOccupation not statedJAN242013_02B5203Computing, AI & data
The AAO decision agreed with the director that the petitioner failed to establish that it possessed the continued ability to pay the proffered wage.
Claims not backed by documents - DismissedEB-2 · Motion to reopen & reconsider2013-01-24· old NYSDOT testOccupation not statedJAN242013_03B5203Computing, AI & data
If we were to accept that any combination of education, experience and training was acceptable as the minimum requirements for the position, then this position would not meet the requirements for the EB-2 classification that is being sought and the petition would be rejected.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedEvidence submitted too late - 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.
- DismissedNIW · Motion to reopen & reconsider2013-01-23· old NYSDOT testOccupation not statedJAN232013_01B5203Law & policy
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 documentsInconsistencies in the recordNo interest from users, customers or investors - MotionEB-2 · Motion to reopen & reconsider2013-01-16· old NYSDOT testOccupation not statedJAN162013_01B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level .
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented