116 decisions
newest first- 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 - 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 · Appeal2016-08-10· old NYSDOT testTeacher and autism education researcherAUG102016_01B5203Education
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 - DismissedNIW · Appeal2016-08-04· old NYSDOT testMicrobiology quality technicianAUG042016_01B5203Biomedical & life sciences
The Director found that the Petitioner established his eligibility as an advanced degree professional, but did not establish that a waiver of the job offer requirement is in the national interest.
Claims not backed by documentsArgued 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 - 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 - 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 - SustainedNIW · Appeal2016-07-28· old NYSDOT testPetroleum geomechanics engineerJUL282016_01B5203Engineering
Therefore, on the basis of the evidence submitted, the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, will be in the national interest of the United States.
Argued the field's importance, not the endeavor's - 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 - SustainedNIW · Appeal2016-07-06· old NYSDOT testSenior engineer working on wireless communications technologyJUL062016_01B5203Engineering
The Petitioner in this case has established by a preponderance of the evidence that he qualifies as an advanced degree professional, and that a waiver of the job offer requirement will be in the national interest of the United States.
Argued the field's importance, not the endeavor'sSupport letters generic or unsupportedPast record does not show influence or success - DismissedNIW · Appeal2016-04-22· old NYSDOT testTeacher and researcherAPR222016_07B5203Education
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'sSupport letters generic or unsupported+2 more - DismissedNIW · Appeal2016-04-18· old NYSDOT testPhysician specializing in cardiologyAPR182016_02B5203Clinical & health
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 interest from users, customers or investors+1 more - 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 - DismissedNIW · Appeal2016-02-12· old NYSDOT testPhysician specializing in cardiologyFEB122016_01B5203Clinical & health
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 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 interest from users, customers or investors+1 more - DismissedNIW · Motion to reopen2016-01-15· old NYSDOT testBiological scientistJAN152016_01B5203Biomedical & life sciences
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 a waiver of a job offer would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingProposed endeavor too vagueArgued the field's importance, not the endeavor'sNo interest from users, customers or investors+1 more - DismissedNIW · Appeal2016-01-08· old NYSDOT testPhysician and researcher specializing in neonatologyJAN082016_02B5203Clinical & health
The Director found that the Petitioner had not established that he is a member of the professions holding an advanced degree and that a waiver of a job offer would be in the national interest.
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 - DismissedNIW · Appeal2016-01-04· old NYSDOT testEnvironmental health and safety specialist and researcherJAN042016_03B5203Energy, environment & agriculture
" The Director denied the Form I-140 on March 16, 2015, finding that the Petitioner had demonstrated · the proposed work has substantial intrinsic merit and its benefits are national in scope, but that he had not established sufficient influence on his field to meet the third prong of the NYSDOT national interest analysis.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2015-12-23· old NYSDOT testPhysician in pulmonary and critical care medicineDEC232015_01B5203Clinical & health
" · The Director denied the petition on May 12, 2015, finding in part that the Petitioner did not establish that he meets the second prong of the NYSDOT national interest analysis.
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 - MotionNIW · Motion to reopen & reconsider2015-12-23· old NYSDOT testNurse practitionerDEC232015_02B5203Clinical & health
The Director found that the Petitioner does not qualify for classification as an alien of exceptional ability, and that she has not established that a waiver of a job offer would be in the national interest.
Claims not backed by documentsBenefits limited to an employer or its clientsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2015-12-14· old NYSDOT testResearcher in regional economic developmentDEC142015_01B5203Business & finance
On February 26,2015, the Director denied the Form I-140, finding in part that the Petitioner did not show that the proposed benefits of his work are national in scope.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2015-12-04· old NYSDOT testResearcher in environmental and atmospheric scienceDEC042015_02B5203Energy, environment & agriculture
The Director denied the petition on March 24, 2015, finding that the Petitioner had not established sufficient impact on his field to meet the third prong of the NYSDOT national interest analysis.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success