17 decisions
newest first- RejectedEB-2 · Appeal2023-03-02Provider of software development and other information technology servicesMAR022023_02B5203Computing, AI & data
The Director concluded that the Petitioner did not establish itself as the "successor in interest" of the employer listed on the accompanying certification from the U.
Evidence submitted too late - UnknownEB-2 · Certification2022-06-03Software engineerJUN032022_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the combined proffered wages of this and other Form 1-140 petitions.
Inconsistencies in the record - UnknownEB-2 · Appeal2016-04-25· old NYSDOT testProvider of information technology servicesAPR252016_02B5203Computing, AI & data
Because the record at the time of the NOIR's issuance did not establish the bona fides of the job opportunity or the validity of the accompanying labor certification, the Director properly issued the NOIR.
Degree not shown to be a U.S. advanced degree equivalentNo interest from users, customers or investors - UnknownEB-2 · Appeal2015-12-29· old NYSDOT testProvider of information technology servicesDEC292015_01B5203Computing, AI & data
28, 2013) (finding that an employer did not establish a bona fide job opportunity where the beneficiary was the cousin of three shareholders, including two majority shareholders who made all of the employer's hiring decisions); Matter of Dr.
- DeniedEB-2 · Motion to reopen & reconsider2014-08-14· old NYSDOT testOccupation not statedAUG142014_03B5203Computing, AI & data
The director's certified decision denied the petition, finding that the petitioner failed to establish that the beneficiary possessed a U.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - UnknownEB-2 · Appeal2013-12-05· old NYSDOT testOccupation not statedDEC052013_07B5203Computing, AI & data
Nevertheless, the record does not establish that the petitioner · did not intend to employ the beneficiary at the time of filing the application for labor certificCJ.
Claims not backed by documents - DeniedEB-2 · Motion to reopen & reconsider2013-11-01· old NYSDOT testOccupation not statedNOV012013_01B5203Computing, AI & data
If the petitioner does not establish that it employed and paid the beneficiary an aJ,llount at least equal to the proffered wage during that period, users will next examine the net income figure reflected on the petitioner's federal income tax return, without consideration of depreciation or other expenses.
- UnknownEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT testOccupation not statedAUG302013_05B5203Computing, AI & dataFive years of progressive experience not documented
- UnknownEB-2 · Motion to reopen2013-08-22· old NYSDOT testOccupation not statedAUG222013_02B5203Computing, AI & data
The director revoked the approval of the petition after concluding that the record did not establish that the benericiary was qualified for the offered position and that the labor certification was gained through fra11d or willful misrepresentation of a material fact.
- UnknownEB-2 · Motion to reopen & reconsider2013-06-27· old NYSDOT testOccupation not statedJUN272013_04B5203Computing, AI & data
The director determined that the petitioner had multiple Form 1- 140 petitions, either pending or approved but not yet adjusted, and that the petitioner had failed to demonstrate that it had the continuing ability to pay all the approved of the beneficiaries' wages beginning on the priority date of the visa petition.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordDid not show the waiver outweighs labor certification - DeniedEB-2 · Motion to reopen & reconsider2013-06-25· old NYSDOT testOccupation not statedJUN252013_09B5203Computing, AI & data
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documentsNot eligible at the time of filing - DeniedEB-2 · Motion to reopen & reconsider2013-06-21· old NYSDOT testOccupation not statedJUN212013_06B5203Computing, AI & data
Therefore, the petitioner has not demonstrated that the beneficiary is qualified to perform the duties of the proffered position.
Claims not backed by documents - UnknownEB-2 · Motion to reopen & reconsider2013-06-20· old NYSDOT testOccupation not statedJUN202013_03B5203Computing, AI & data
The director found that "the beneficiary has not met all of the terms listed on the application for labor certification" and that "the beneficiary cannot be found to be qualified for the position.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedPast record does not show influence or success - DeniedEB-2 · Motion to reopen & reconsider2013-06-04· old NYSDOT testOccupation not statedJUN042013_02B5203Computing, AI & data
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documents - UnknownEB-2 · Motion to reopen & reconsider2013-05-28· old NYSDOT testOccupation not statedMAY282013_05B5203Computing, AI & data
Upon reviewing the petition, the director determined that the petitioner failed to demonstrate that the beneficiary satisfied the minimum level of education required by the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - RejectedEB-2 · Appeal2013-04-16· old NYSDOT testOccupation not statedAPR162013_02B5203Computing, AI & data
- RejectedEB-2 · Appeal2013-03-07· old NYSDOT testOccupation not statedMAR072013_06B5203Computing, AI & data