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265 decisions

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Failed NYSDOT (old test) Clear all
  1. SustainedNIW · Appeal2016-12-12· old NYSDOT test
    Corrosion science engineerDEC122016_01B5203
    Engineering

    · Thus, the rem~iriing issue in contention is ~hether the Petitioner has established that a waiver of the job offer requirement, and thus a labor certification, is in the national interest according to the three-pronged analysis set forth inNYSDOT.

    Citation record not persuasiveArgued the field's importance, not the endeavor's
  2. DeniedNIW · Certification2016-12-02· old NYSDOT test
    Science teacherDEC022016_02B5203
    Education

    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
  3. MotionNIW · Motion to reopen & reconsider2016-08-31· old NYSDOT test
    Registered nurseAUG312016_01B5203
    Clinical & 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.

  4. UnknownNIW · Appeal2016-08-26· old NYSDOT test
    Environmental science researcherAUG262016_01B5203
    Energy, 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
  5. DismissedNIW · Appeal2016-08-22· old NYSDOT test
    Aerospace engineerAUG222016_01B5203
    Engineering

    He found that the Petitioner did not establish that a waiver of the job offer requirement is in the national interest.

    Tried to change the endeavor after filingEvidence submitted too late
  6. DismissedNIW · Appeal2016-08-10· old NYSDOT test
    Teacher and autism education researcherAUG102016_01B5203
    Education

    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
  7. DismissedNIW · Appeal2016-08-04· old NYSDOT test
    Microbiology quality technicianAUG042016_01B5203
    Biomedical & 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
  8. DismissedNIW · Appeal2016-08-04· old NYSDOT test
    Nephrology fellow at the time of filingAUG042016_02B5203
    Clinical & 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
  9. DismissedNIW · Appeal2016-07-29· old NYSDOT test
    Physician specializing in neurologyJUL292016_01B5203
    Clinical & 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
  10. DismissedNIW · Appeal2016-07-29· old NYSDOT test
    Elementary school teacherJUL292016_02B5203
    Education

    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 persuasiveArgued 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
  11. MotionNIW · Motion to reopen2016-07-29· old NYSDOT test
    Business development managerJUL292016_03B5203
    Business & finance

    The Director found that the Petitioner qualified for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability, but that she had not established that a waiver of a job offer would be in the national interest.

    Claims not backed by documentsNot eligible at the time of filingExceptional ability not establishedArgued the field's importance, not the endeavor'sPast record does not show influence or success
  12. SustainedNIW · Appeal2016-07-28· old NYSDOT test
    Petroleum geomechanics engineerJUL282016_01B5203
    Engineering

    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
  13. SustainedNIW · Appeal2016-07-06· old NYSDOT test
    Senior engineer working on wireless communications technologyJUL062016_01B5203
    Engineering

    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
  14. MotionNIW · Motion to reopen2016-04-22· old NYSDOT test
    Occupation not statedAPR222016_06B5203
    Education

    but that the Petitioner has not established that a waiver of a job offer would be in the national interest.

    Not eligible at the time of filingArgued the field's importance, not the endeavor'sPast record does not show influence or success
  15. DismissedNIW · Appeal2016-04-22· old NYSDOT test
    Teacher and researcherAPR222016_07B5203
    Education

    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
  16. MotionNIW · Motion to reopen & reconsider2016-04-19· old NYSDOT test
    Oil and gas well field superintendentAPR192016_01B5203
    Energy, environment & agriculture

    We dismissed the Petitioner's appeal, finding that she established her eligibility as an advanced degree professional, but did not establish that a waiver of the job offer requirement is in the national interest.

    Argued the field's importance, not the endeavor'sInconsistencies in the recordPast record does not show influence or success
  17. DismissedNIW · Appeal2016-04-18· old NYSDOT test
    Physician specializing in cardiologyAPR182016_02B5203
    Clinical & 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
  18. DismissedNIW · Appeal2016-03-01· old NYSDOT test
    Registered nurseMAR012016_01B5203
    Clinical & health

    As the minimum education requirement for a geriatric registered nurse is less than a bachelor's degree, the Petitioner does not qualify as a member of the professions.

    Claims not backed by documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investorsPast record does not show influence or success
  19. DismissedNIW · Appeal2016-02-12· old NYSDOT test
    Physician specializing in cardiologyFEB122016_01B5203
    Clinical & 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
  20. WithdrawnNIW · Certification2016-02-09· old NYSDOT test
    PhysicianFEB092016_01B5203
    Clinical & health

    The Director then denied the Form I-140, finding that the Petitioner's service as a hematologist­ oncologist in an area designated as an HPSA and MUA/P is not qualifying service for the purpose of national interest waiver eligibility.

    Relied on a labor shortage