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34 decisions

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Failed NYSDOT (old test) Computing, AI & data Physical sciences & math Engineering 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. 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
  3. 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
  4. 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
  5. 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
  6. 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.

  7. 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
  8. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. 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
  15. 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
  16. 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
  17. RemandedNIW · Appeal2014-04-22· old NYSDOT test
    Occupation not statedAPR222014_01B5203
    Physical sciences & math

    Because the petitioner has not established eligibility for the benefit sought, we will remand the petition for a new decision.

    Citation record not persuasiveInconsistencies in the record
  18. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_03B5203
    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 documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+1 more
  19. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_08B5203
    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 investorsPast record does not show influence or success
  20. DismissedNIW · Motion to reopen & reconsider2014-01-15· old NYSDOT test
    Occupation not statedJAN152014_01B5203
    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.

    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