922 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-03-18· old NYSDOT testOccupation not statedMAR182013_09B5203Computing, AI & data
·the beneficiary did not meet the job qualifications stated on the labor certification.
Inconsistencies in the record - DismissedEB-2 · Motion to reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_02B5203Computing, AI & data
The director determined that the petitioner had not established that it had the continuing ability to p~y the beneficiary the proffered wage beginning on the pri.
Claims not backed by documents - 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 - DismissedEB-2 · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_07B5203Computing, AI & data
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.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Motion to reopen & reconsider2013-03-07· old NYSDOT testOccupation not statedMAR072013_02B5203Computing, AI & data
The director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.
- DismissedEB-2 · Motion to reopen & reconsider2013-03-07· old NYSDOT testOccupation not statedMAR072013_05B5203Computing, AI & data
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - RejectedEB-2 · Appeal2013-03-07· old NYSDOT testOccupation not statedMAR072013_06B5203Computing, AI & data
- DismissedEB-2 · Motion to reopen & reconsider2013-02-28· old NYSDOT testOccupation not statedFEB282013_02B5203Computing, AI & data
Therefore, in the instant case, the petitioner has not established that it paid the beneficiary the full proffered wage during any relevant timeframe ·including the period from the priority date on March 28, 2011 or subsequently.
Claims not backed by documentsInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-02-28· old NYSDOT testOccupation not statedFEB282013_03B5203Computing, AI & data
" The Director concluded that the ·petitioner failed to show where the beneficiary would be working, misrepresented material fac_ts with regard to the beneficiary's place of intended employment, and eommitted fraud on the petition and supporting documentation.
- DismissedEB-2 · Motion to reopen & reconsider2013-02-28· old NYSDOT testOccupation not statedFEB282013_04B5203Computing, AI & data
Upon reviewing the petition, the director· determined that · the beneficiary did not satisfy the minimum level of education stated on the labor certification.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-02-21· old NYSDOT testOccupation not statedFEB212013_03B5203Computing, AI & data
The director determined that the evidence did not establish that the beneficiary possessed either a bachelor's or master's degree in the •major field listed on the ·ETA Form.
- DismissedEB-2 · Motion to reconsider2013-02-21· old NYSDOT testOccupation not statedFEB212013_04B5203Trades & services
The director determined that the beneficiary did not satisfy the minimum level of education stated on the labor certification.
- DismissedEB-2 · Motion to reopen & reconsider2013-02-21· old NYSDOT testOccupation not statedFEB212013_06B5203Computing, 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.
- DismissedNIW · Motion to reopen & reconsider2013-02-15· old NYSDOT testOccupation not statedFEB152013_01B5203Computing, AI & data
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 ofthe United States.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investors - MotionEB-2 · Motion to reopen & reconsider2013-02-12· old NYSDOT testOccupation not statedFEB122013_04B5203Computing, AI & data
Upon reviewing the petition, the director detennined that the beneficiary did not satisfy the minimum level of education stated on the alien employment certification.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - WithdrawnEB-2 · Motion to reopen & reconsider2013-02-12· old NYSDOT testOccupation not statedFEB122013_05B5203Computing, AI & data
Therefore, it does not qualify as an advanced degree within the meaning of 8 C.
- SustainedEB-2 · Motion to reopen & reconsider2013-02-04· old NYSDOT testOccupation not statedFEB042013_01B5203Computing, AI & data
- 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 - 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_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