154 decisions
newest first- DismissedEB-2 · Appeal2016-12-22· old NYSDOT testProvider of information technology development and consulting servicesDEC222016_02B5203Computing, AI & data
The Director concluded that the record did not establish the Petitioner's continuing ability to pay the proffered wage from the petition's priority date onward.
Inconsistencies in the record - DismissedEB-2 · Appeal2016-12-21· old NYSDOT testProvider of software development servicesDEC212016_02B5203Computing, AI & data
The Director concluded that the record did not establish the Beneficiary's possession of the minimum required education for the offered position or the requested classification.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - RemandedEB-2 · Appeal2016-12-02· old NYSDOT testProvider of information technology consulting and software development servicesDEC022016_01B5203Computing, AI & data
Upon de novo review, we will therefore remand the matter to the Director.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - SustainedEB-2 · Appeal2016-08-25· old NYSDOT testProvider of information technology servicesAUG252016_01B5203Computing, AI & data
- MotionEB-2 · Motion to reopen & reconsider2016-08-03· old NYSDOT testSoftware engineerAUG032016_01B5203Computing, AI & data
The Director found that the record did not establish the Petitioner's ability to pay the proffered wage or the bona fides of the job offer.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Appeal2016-08-01· old NYSDOT testSoftware consulting and development businessAUG012016_01B5203Computing, AI & data
The Director determined that the Petitioner had petitioned for numerous beneficiaries and had not established its ability to pay the proffered wage each of those beneficiaries, and, therefore, could not establish its ability to pay the wage offered to the instant Beneficiary.
- DismissedEB-2 · Appeal2016-06-10· old NYSDOT testSenior real time programmer analystJUN102016_01B5203Computing, AI & data
Therefore, the Petitioner has not established that the minimum requirements of the proffered job.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2016-06-10· old NYSDOT testSenior programmer analystJUN102016_03B5203Computing, AI & data
On appeaL the Petitioner states that the Beneficiary qualities tor the position and the Director's finding that the position did not qualify as an advanced degree professional is unreasonable.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2016-06-02· old NYSDOT testInformation technology support and services companyJUN022016_01B5203Computing, AI & data
The Director found that the Beneficiary does not qualify for the classification of advanced degree professional because he does not have a foreign equivalent degree to a U.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - 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 - DismissedEB-2 · Appeal2016-04-22· old NYSDOT testSoftware developerAPR222016_02B5203Computing, AI & data
The Director concluded that the record did not establish the Petitioner's intention to permanently employ the Beneficiary in the offered position.
- DismissedEB-2 · Appeal2016-04-22· old NYSDOT testSoftware engineerAPR222016_03B5203Computing, AI & data
2015, the Director denied the petition on the ground that the Petitioner did not establish its continuing ability to pay the proffered wage of the instant Beneficiary.
- SustainedEB-2 · Appeal2016-04-22· old NYSDOT testDeveloper of inspection and telemetry systemsAPR222016_04B5203Computing, AI & data
- DismissedEB-2 · Appeal2016-04-22· old NYSDOT testProfessional consulting companyAPR222016_05B5203Computing, AI & data
The Director found that the Beneficiary does not qualify for the profTered position because he does not have a bachelor"s degree or a master's degree in a field of study specified in the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2016-03-02· old NYSDOT testProvider of information technology development and consulting servicesMAR022016_02B5203Computing, AI & data
The Director concluded that the record did not establish the bona fides of the job offer or the Petitioner's continuing ability to pay the proffered wage.
Claims not backed by documentsNot eligible at the time of filingInconsistencies in the record - DismissedEB-2 · Appeal2016-03-02· old NYSDOT testProvider of information technology consulting and development servicesMAR022016_03B5203Computing, AI & data
The Director concluded that the record did not establish the bona fides of the job offer or the Petitioner's continuing ability to pay the proffered wage.
Inconsistencies in the record - DismissedEB-2 · Appeal2016-02-29· old NYSDOT testNon-public school for the autistic and developmentally disabledFEB292016_01B5203Computing, AI & data
The Director determined that the Petitioner had not established that the Beneficiary met the minimum requirements of the labor certification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2016-02-09· old NYSDOT testIT services companyFEB092016_03B5203Computing, AI & data
In his decision the Director found that the Beneficiary did not have all of the experience specified on the labor certification to qualify for the job offered and that the Petitioner did not establish its continuing ability to pay the proffered wage from the priority date (January 29, 2013) up to the present.
- DismissedEB-2 · Appeal2016-02-09· old NYSDOT testSoftware development consultancyFEB092016_05B5203Computing, AI & data
The Director concluded that the record did not demonstrate the Petitioner's ability to pay the proffered wage or the Beneficiary's qualifying experience for the offered position.
Inconsistencies in the record - DismissedEB-2 · Appeal2016-02-04· old NYSDOT testSoftware development and testing businessFEB042016_01B5203Computing, AI & data
Since the "Master of Science" degree was not issued by an accredited university, the Director determined that the Beneficiary did not meet the terms of the labor certification (specifically, the minimum educational requirement) and was not eligible for classification as an advanced degree professional.