223 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 - DismissedEB-2 · Appeal2016-09-30· old NYSDOT testProvider of healthcare servicesSEP302016_05B5203Clinical & health
The Director found that the Petitioner did not establish that the Beneficiary holds an advanced degree.
Degree not shown to be a U.S. advanced degree equivalent - MotionNIW · Motion to reopen & reconsider2016-08-31· old NYSDOT testRegistered nurseAUG312016_01B5203Clinical & health
We specifically and thoroughly discussed the Petitioner's submissions and determined that she did not establish eligibility for the uriderlying classification as she did not demonstrate that she is a member of the professions or that she qualifies as an individual of exceptional ability.
- SustainedEB-2 · Appeal2016-08-25· old NYSDOT testProvider of information technology servicesAUG252016_01B5203Computing, AI & data
- DismissedEB-2 · Appeal2016-08-25· old NYSDOT testPhysician in FloridaAUG252016_02B5203Clinical & health
The Director, Texas Service Center, denied the petition, finding that the Petitioner did not establish that the Beneficiary qualifies under the U.
Claims not backed by documentsInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2016-08-04· old NYSDOT testNephrology fellow at the time of filingAUG042016_02B5203Clinical & health
The Director found that the Petitioner established her eligibility as an advanced degree professional, but did not show that a waiver of the job offer requirement is in the national interest.
Argued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo broader implications shownPast record does not show influence or success - 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 · Motion to reopen2016-08-01· old NYSDOT testHealth care businessAUG012016_02B5203Clinical & health
The Director found that the Petitioner did not establish its ability to pay the proffered wage of the job offered.
- DismissedNIW · Appeal2016-07-29· old NYSDOT testPhysician specializing in neurologyJUL292016_01B5203Clinical & health
The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that she had not established that a waiver of a job offer would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - 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