67 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 - UnknownEB-2 · Certification2022-06-03Software engineerJUN032022_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the combined proffered wages of this and other Form 1-140 petitions.
Inconsistencies in the record - UnknownEB-2 · Certification2018-02-13Financial analystFEB132018_01B5203Business & finance
In his decision certifying the matter to us, the Director determined that the Beneficiary did not meet the requirements of the labor certification as orthe priority date.
- 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 - UnknownNIW · Appeal2016-08-26· old NYSDOT testEnvironmental science researcherAUG262016_01B5203Energy, environment & agriculture
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.
Citation record not persuasiveClaims not backed by documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sNo broader implications shown+3 more - UnknownEB-2 · Appeal2016-07-22· old NYSDOT testControllerJUL222016_02B5203Business & finance
The Director concluded that the record did not establish the Petitioner's continuing ability to pay the proffered wage or the Beneficiary's qualifying experience for the offered position.
Inconsistencies in the recordSupport letters generic or unsupported - UnknownEB-2 · Appeal2016-07-20· old NYSDOT testProvider of wholesale and retail merchandiseJUL202016_01B5203Business & finance
The Acting Director concluded that the record did not establish the Beneficiary's possession of the educational qualifications for the offered position.
No interest from users, customers or investors - UnknownEB-2 · Appeal2016-04-25· old NYSDOT testProvider of information technology servicesAPR252016_02B5203Computing, AI & data
Because the record at the time of the NOIR's issuance did not establish the bona fides of the job opportunity or the validity of the accompanying labor certification, the Director properly issued the NOIR.
Degree not shown to be a U.S. advanced degree equivalentNo interest from users, customers or investors - UnknownEB-2 · Appeal2016-04-04· old NYSDOT testInstructional coordinatorAPR042016_01B5203Education
Invalidation of the Labor Certification The Director invalidated the labor certification and denied the petition after concluding that the record did not establish that the Petitioner had extended a valid full-time offer of employment to the Beneficiary.
Inconsistencies in the record - UnknownNIW · Certification2016-01-04· old NYSDOT testPhysicianJAN042016_01B5203Clinical & health
If the physician cannot show this, then the physician must demonstrate that he or she has passed parts I and II of the NBMEE, or an equivalent examination as determined by the Secretary of Education, and that he or she is competent in oral and written English.
- UnknownEB-2 · Appeal2015-12-29· old NYSDOT testProvider of information technology servicesDEC292015_01B5203Computing, AI & data
28, 2013) (finding that an employer did not establish a bona fide job opportunity where the beneficiary was the cousin of three shareholders, including two majority shareholders who made all of the employer's hiring decisions); Matter of Dr.
- 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 - UnknownNIW · Appeal2015-07-31· old NYSDOT testOccupation not statedJUL312015_02B5203Other / unclear
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 - UnknownNIW · Appeal2015-06-12· old NYSDOT testOccupation not statedJUN122015_01B5203Other / unclear
The director found that the beneficiary 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 broader implications shownNo interest from users, customers or investorsPlan or projections not corroboratedPast record does not show influence or success - UnknownEB-2 · Motion to reopen & reconsider2015-06-02· old NYSDOT testOccupation not statedJUN022015_01B5203Other / unclear
The Director denied the petition in 2007 on the ground that the petitioner failed to establish its continuing ability to pay the proffered wage of the specialty cook from the priority date of the petition (April 30, 2001) up to the present.
- 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 - UnknownEB-2 · Appeal2015-01-20· old NYSDOT testOccupation not statedJAN202015_02B5203Education
The director's decision concluded that the proffered position's minimum education and experience requirements did not meet the standard for classification as an advanced degree professional.
- 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 - UnknownEB-2 · Motion to reopen & reconsider2014-09-30· old NYSDOT testOccupation not statedSEP302014_04B5203Other / unclear
The director's decision concludes that the etitioner was not in business at the time of adjudication, and that the entity that filed the appeal, (FEIN J (appellant), did not establish that it had a successor-in-interest relationship with the petitioner.