38 decisions
newest first- RejectedEB-2 · Appeal2023-03-02Provider of software development and other information technology servicesMAR022023_02B5203Computing, AI & data
The Director concluded that the Petitioner did not establish itself as the "successor in interest" of the employer listed on the accompanying certification from the U.
Evidence submitted too late - RejectedEB-2 · Appeal2020-09-03Montessori schoolSEP032020_05B5203Other / unclear
Since the Petitioner is no longer doing business, it cannot establish its continuing ability to pay the proffered wage under 8 C.
- DeniedEB-2 · Motion to reopen & reconsider2014-08-14· old NYSDOT testOccupation not statedAUG142014_03B5203Computing, AI & data
The director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - RejectedEB-2 · Motion to reopen2013-11-27· old NYSDOT testOccupation not statedNOV272013_08B5203Other / unclear
The director determined that the late appeal did not meet the requirements of a motion and forwarded the matter to the AAO.
- RejectedEB-2 · Appeal2013-11-26· old NYSDOT testOccupation not statedNOV262013_01B5203Other / unclear
The director determined that the late appeal did not meet the requirements of a motion and forwarded the matter to the AAO.
- DeniedEB-2 · Motion to reopen & reconsider2013-11-22· old NYSDOT testOccupation not statedNOV222013_04B5203Other / unclear
In the Notice of Certification dated September 5, 2013, 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, and that the petitioner had failed to establish that the beneficiary had met the minimum education, training or experience requirements as of the priority date.
Inconsistencies in the record - RejectedEB-2 · Appeal2013-11-14· old NYSDOT testOccupation not statedNOV142013_06B5203Other / unclear
- DeniedEB-2 · Motion to reopen & reconsider2013-11-01· old NYSDOT testOccupation not statedNOV012013_01B5203Computing, AI & data
If the petitioner does not establish that it employed and paid the beneficiary an aJ,llount at least equal to the proffered wage during that period, users will next examine the net income figure reflected on the petitioner's federal income tax return, without consideration of depreciation or other expenses.
- RejectedEB-2 · Motion to reopen2013-08-30· old NYSDOT testOccupation not statedAUG302013_04B5203Other / unclear
If the director determines that the untimely appeal does not meet the requirements of a motion, no new decision will be issued.
- RejectedEB-2 · Appeal2013-07-26· old NYSDOT testOccupation not statedJUL262013_05B5203Other / unclear
The director determined that the late appeal did not meet the requirements of a motion and forwarded the matter to the AAO.
- RejectedEB-2 · Appeal2013-06-28· old NYSDOT testOccupation not statedJUN282013_04B5203Other / unclear
- DeniedEB-2 · Motion to reopen & reconsider2013-06-25· old NYSDOT testOccupation not statedJUN252013_09B5203Computing, AI & data
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 documentsNot eligible at the time of filing - DeniedEB-2 · Motion to reopen & reconsider2013-06-21· old NYSDOT testOccupation not statedJUN212013_06B5203Computing, AI & data
Therefore, the petitioner has not demonstrated that the beneficiary is qualified to perform the duties of the proffered position.
Claims not backed by documents - RejectedEB-2 · Motion to reopen2013-06-18· old NYSDOT testOccupation not statedJUN182013_01B5203Other / unclear
- RejectedEB-2 · Appeal2013-06-10· old NYSDOT testOccupation not statedJUN102013_05B5203Other / unclear
The director found that the petitioner did not qualify for classification as an alien of exceptional ability in the arts, or 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 - DeniedEB-2 · Motion to reopen & reconsider2013-06-04· old NYSDOT testOccupation not statedJUN042013_02B5203Computing, AI & data
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 documents - RejectedEB-2 · Motion to reopen2013-05-23· old NYSDOT testOccupation not statedMAY232013_03B5203Other / unclear
- RejectedEB-2 · Appeal2013-04-16· old NYSDOT testOccupation not statedAPR162013_02B5203Computing, AI & data
- RejectedEB-2 · Appeal2013-04-04· old NYSDOT testOccupation not statedAPR042013_01B5203Other / unclear
- RejectedEB-2 · Appeal2013-03-25· old NYSDOT testOccupation not statedMAR252013_08B5203Other / unclear
The director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.