865 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_04B5203Computing, AI & data
Upon reviewing the petition, the director determined that the beneficiary did not meet the job qualifications stated on the labor certification.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_16B5203Computing, AI & data
The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree.
Five years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-01-28· old NYSDOT testOccupation not statedJAN282013_04B5203Computing, AI & data
· The director determined that the ETA Form 9089 failed to demonstrate that the job requires a professional holding an advanced degree or the equivalent of an alien of exceptional ability and, therefore, the beneficiary cannot be found qualified for classification as a member of the professions holding an advanced degree or an alien of exceptional ability.
Claims not backed by documents - MotionEB-2 · Motion to reopen & reconsider2013-01-24· old NYSDOT testOccupation not statedJAN242013_02B5203Computing, AI & data
The AAO decision agreed with the director that the petitioner failed to establish that it possessed the continued ability to pay the proffered wage.
Claims not backed by documents - DismissedEB-2 · Motion to reopen & reconsider2013-01-24· old NYSDOT testOccupation not statedJAN242013_03B5203Computing, AI & data
If we were to accept that any combination of education, experience and training was acceptable as the minimum requirements for the position, then this position would not meet the requirements for the EB-2 classification that is being sought and the petition would be rejected.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedEvidence submitted too late