43 decisions

newest first

Failed NYSDOT (old test) Computing, AI & data Engineering Other / unclear Physical sciences & math Clear all

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
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
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
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
MotionNIW · Motion to reopen2015-08-25· old NYSDOT test
Occupation not statedAUG252015_01B5203
Engineering
The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.
Not eligible at the time of filingExceptional ability not establishedSupport letters generic or unsupported
SustainedNIW · Appeal2015-08-06· old NYSDOT test
Mechanical engineering researcherAUG062015_01B5203
Engineering
The sole issue in contention is whether the petitioner has established that a waiver of the job offer requirement , and thus a labor certification, is in the national interest.
UnknownNIW · Appeal2015-07-31· old NYSDOT test
Occupation not statedJUL312015_02B5203
Other / 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 test
Occupation not statedJUN122015_01B5203
Other / 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
DismissedNIW · Appeal2015-06-12· old NYSDOT test
Mathematics teacherJUN122015_02B5203
Physical sciences & math
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
DismissedNIW · Appeal2015-06-05· old NYSDOT test
Engineer willJUN052015_02B5203
Engineering
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
DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
ResearcherAPR222015_01B5203
Engineering
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.
Not 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 · Motion to reopen & reconsider2015-04-22· old NYSDOT test
Occupation not statedAPR222015_02B5203
Computing, AI & data
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.
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
DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
Occupation not statedAPR222015_04B5203
Physical sciences & math
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.
Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
DismissedNIW · Motion to reopen & reconsider2015-04-15· old NYSDOT test
Occupation not statedAPR152015_01B5203
Computing, AI & data
The director found that the petitioner had not established that he qualifies for the classification sought.
Claims not backed by documentsNot eligible at the time of filing
DismissedNIW · Motion to reopen & reconsider2015-01-16· old NYSDOT test
Occupation not statedJAN162015_01B5203
Engineering
The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.
Support letters generic or unsupportedNo interest from users, customers or investors
DismissedNIW · Motion to reopen & reconsider2014-12-15· old NYSDOT test
Occupation not statedDEC152014_01B5203
Engineering
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.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors
DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
Occupation not statedDEC082014_01B5203
Engineering
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.
Claims not backed by documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors
DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
Occupation not statedDEC082014_02B5203
Physical sciences & math
The director found that the petitioner qualifies for the classification sought, 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.
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
MotionNIW · Motion to reopen & reconsider2014-08-26· old NYSDOT test
Occupation not statedAUG262014_02B5203
Other / unclear
The director denied the petition on July 2, 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.
No interest from users, customers or investors
DismissedNIW · Motion to reopen & reconsider2014-04-28· old NYSDOT test
Occupation not statedAPR282014_03B5203
Other / 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.
Citation record not persuasiveClaims not backed by documentsJob creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor's+4 more