21 decisions
newest first- DeniedNIW · Certification2025-03-03Semi-truck driverMAR032025_01B5203Aviation & transport
The Director of the Nebraska Service Center denied the petition, concluding the Petitioner had not established eligibility for the EB-2 immigrant classification as an individual of exceptional ability.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DeniedNIW · Certification2016-12-02· old NYSDOT testScience teacherDEC022016_02B5203Education
The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that he had not established that a waiver of a job offer would be in the national interest.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or successRelied on a labor shortage - DeniedNIW · Motion to reopen2015-08-21· old NYSDOT testBusiness development managerAUG212015_02B5203Business & finance
The director denied the Form I-140 on October 11, 2013, finding that the petitioner established her qualifications as an individual of exceptional ability and an advanced degree professional, but did not establish that an exemption from the requirement of a job offer would be in the national interest of the United States.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DeniedNIW · Motion to reopen & reconsider2015-04-29· old NYSDOT testOccupation not statedAPR292015_01B5203Education
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.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DeniedNIW · Motion to reopen & reconsider2014-12-29· old NYSDOT testOccupation not statedDEC292014_01B5203Business & finance
A motion that does not meet applicable requirements shall be dismissed.
Claims not backed by documentsPast record does not show influence or success - DeniedNIW · Motion to reopen & reconsider2014-11-28· old NYSDOT testOccupation not statedNOV282014_03B5203Law & policy
The director denied the petition on December 12, 2013, stating 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.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - 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 - DeniedNIW · Motion to reopen & reconsider2014-05-27· old NYSDOT testOccupation not statedMAY272014_01B5203Business & finance
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 documentsDegree not shown to be a U.S. advanced degree equivalentArgued the field's importance, not the endeavor'sInconsistencies in the record+3 more - DeniedNIW · Motion to reopen & reconsider2014-04-16· old NYSDOT testOccupation not statedAPR162014_01B5203Law & policy
The director denied the petition on November 19, 2012, stating 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 - DeniedEB-2 · Motion to reopen & reconsider2014-04-09· old NYSDOT testOccupation not statedAPR092014_04B5203Education
The Director, Texas Service Center, denied the petition concluding that the beneficiary 1) does not qualify as a member of the professions holding an advanced degree, (2) that the petitioner had not established its ability to pay the beneficiary's wage and (3) that the petitioner had not established that the offered position constitutes permanent employment.
Degree not shown to be a U.S. advanced degree equivalent - DeniedEB-2 · Motion to reopen & reconsider2014-04-09· old NYSDOT testOccupation not statedAPR092014_05B5203Education
The Director, Texas Service Center, denied the petition concluding that the beneficiary 1) does not qualify as a member of the professions holding an advanced degree, (2) that the petitioner had not established its ability to pay the beneficiary's wage and (3) that the petitioner had not established that the offered position constitutes permanent employment.
Degree not shown to be a U.S. advanced degree equivalent - DeniedNIW · Motion to reopen & reconsider2014-01-09· old NYSDOT testPhysicianJAN092014_06B5203Clinical & health
The director found that the petitioner qualified for classification as a member of the professions holding an advanced degree, but that the petitioner had not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - 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 - 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.
- DeniedEB-2 · Motion to reopen & reconsider2013-08-15· old NYSDOT testOccupation not statedAUG152013_04B5203Education
Upon reviewing the petition, the director determined that the petitioner had failed to establish that the beneficiary is qualified to perform the duties of the proffered position with a minimum of a bachelor's degree in public relations, English or journalism and 60 months (five years) of qualifying employment yxperience.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - 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 - 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 - DeniedEB-2 · Motion to reopen & reconsider2013-05-23· old NYSDOT testOccupation not statedMAY232013_04B5203Business & finance
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 documentsInconsistencies in the record - DeniedEB-2 · Motion to reopen & reconsider2013-05-22· old NYSDOT testOccupation not statedMAY222013_13B5203Business & finance
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.
Exceptional ability not establishedInconsistencies in the record