865 decisions
newest first- DismissedEB-2 · Appeal2015-12-07· old NYSDOT testIT services companyDEC072015_02B5203Computing, AI & data
As such, it did not qualify him for classification as an advanced degree professional under section 203(b )(2) of the Act, and did not qualify him for the job offered under the terms of the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - MotionEB-2 · Appeal2015-12-02· old NYSDOT testBusiness providing software consulting servicesDEC022015_01B5203Computing, AI & data
- MotionEB-2 · Appeal2015-08-25· old NYSDOT testOccupation not statedAUG252015_02B5203Computing, AI & data
The Director concluded that the record did not establish the beneficiary's qualifying experience for the offered position.
- SustainedEB-2 · Appeal2015-06-18· old NYSDOT testApplications developer - financial systemsJUN182015_03B5203Computing, AI & data
- DismissedNIW · Appeal2015-06-12· old NYSDOT testMathematics teacherJUN122015_02B5203Physical 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 - DismissedEB-2 · Appeal2015-06-04· old NYSDOT testOccupation not statedJUN042015_01B5203Computing, AI & data
The director's decision denying the petition concluded that the petitioner had not established that it had the continuing ability to pay the proffered wages of the beneficiary and its other sponsored workers or that the beneficiary possessed the foreign equivalent of a U.
- DismissedEB-2 · Appeal2015-04-29· old NYSDOT testOccupation not statedAPR292015_03B5203Computing, AI & data
In a decision dated December 20, 2014, the Director denied the petition on the ground that the minimum educational and experience requirements on the labor certification did not demonstrate that a master's degree or a baccalaureate degree and five years of progressively responsible experience is required to qualify for the job.
Five years of progressive experience not documented - DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT testOccupation not statedAPR222015_02B5203Computing, 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 testOccupation not statedAPR222015_04B5203Physical 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 testOccupation not statedAPR152015_01B5203Computing, 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 - DismissedEB-2 · Motion to reopen & reconsider2015-04-14· old NYSDOT testOccupation not statedAPR142015_01B5203Computing, AI & data
master's degree, he does not qualify for the proffered position under the terms of the labor certification based solely on his education.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2015-02-24· old NYSDOT testOccupation not statedFEB242015_02B5203Computing, AI & data
The Director found that the petitioner did not establish the beneficiary's five years of progressive post-bachelor work experience in the job offered or in an alternate occupation.
Five years of progressive experience not documentedSupport letters generic or unsupported - MotionEB-2 · Motion to reopen & reconsider2015-02-24· old NYSDOT testOccupation not statedFEB242015_03B5203Computing, AI & data
Our decision dismissing the appeal found that the evidence of record does not establish the beneficiary's possession of a U.
Inconsistencies in the record - RemandedEB-2 · Appeal2015-02-19· old NYSDOT testOccupation not statedFEB192015_01B5203Computing, AI & data
The appeal will be remanded to the director in accordance with the following.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2015-02-10· old NYSDOT testOccupation not statedFEB102015_04B5203Computing, AI & data
The petitioner also has not established that it had sufficient net income to pay the proffered wages of its other sponsored workers in any of the years at issue.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2015-01-08· old NYSDOT testOccupation not statedJAN082015_01B5203Computing, AI & data
- DismissedEB-2 · Motion to reopen & reconsider2014-12-30· old NYSDOT testOccupation not statedDEC302014_01B5203Computing, AI & data
The Director concluded that the record did not establish the beneficiary's qualifying experience for the offered position by the petition's priority date.
Not eligible at the time of filingInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT testOccupation not statedDEC082014_02B5203Physical 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 - MotionEB-2 · Motion to reopen & reconsider2014-12-02· old NYSDOT testOccupation not statedDEC022014_01B5203Computing, AI & data
The director determined that the petitioner failed to establish its ability to pay the proffered wage from the October 27, 2006 priority date onwards.
- DismissedEB-2 · Motion to reopen & reconsider2014-11-21· old NYSDOT testOccupation not statedNOV212014_01B5203Computing, AI & data
Specifically , the proffered position's minimum education and experience requirements did not meet the standard for classification as an advanced degree professional because section H.