108 decisions

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Failed NYSDOT (old test) Computing, AI & data Engineering Physical sciences & math Education 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
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
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
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
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
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 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
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
DismissedNIW · Appeal2016-02-09· old NYSDOT test
Author and lecturerFEB092016_09B5203
Education
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.
Claims not backed by documentsNot 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 reopen2016-01-14· old NYSDOT test
Special education teacherJAN142016_02B5203
Education
" On May 16, 2012, the Director denied the Form I-140, finding that the Petitioner did not establish that the benefits of her work have national scope, or that she has had a degree of influence on her field as a whole.
Citation record not persuasiveArgued the field's importance, not the endeavor'sNo broader implications shownPast record does not show influence or success
DismissedNIW · Appeal2016-01-14· old NYSDOT test
Educator and education advocateJAN142016_03B5203
Education
The Director indicated, in part, that the Petitioner had not shown how his work would have an impact beyond his own students, that he had not established that his research work had been published or implemented by others in his field, and that he had not otherwise demonstrated past influence the field.
Argued 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 test
Middle school math teacherJAN042016_02B5203
Education
Therefore, whether a given individual seeks classification as a foreign national of exceptional ability, or as a member of the professions holding an advanced degree, that individual cannot qualify for a waiver based on a degree of expertise significantly above that ordinarily encountered in her field of expertise.
Argued the field's importance, not the endeavor'sNo interest from users, customers or investors
DismissedNIW · Appeal2015-12-21· old NYSDOT test
Singer and voice teacherDEC212015_01B5203
Education
The Director found that she qualifies for classification as a member of the professions holding an advanced degree, but has not established that a waiver of a job offer would be in the national interest.
Claims not backed by documentsExceptional ability not establishedArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
MotionNIW · Motion to reopen2015-12-10· old NYSDOT test
Occupation not statedDEC102015_01B5203
Education
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.
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
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.
DismissedNIW · Appeal2015-07-31· old NYSDOT test
Bilingual French educatorJUL312015_01B5203
Education
The director found that the petitioner qualifies for classification as a member of the professions with progressive post~baccalaureate experience equivalent to 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 interest from users, customers or investorsPast record does not show influence or success
DismissedNIW · Appeal2015-07-24· old NYSDOT test
Marriage and family therapistJUL242015_02B5203
Education
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 persuasiveArgued 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 · 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