1,558 decisions
newest first- WithdrawnEB-2 · Motion to reopen & reconsider2013-09-27· old NYSDOT testMicrosoft technologies specialistSEP272013_01B5203Computing, AI & data
qecision denying the petition stated that the petitioner had not established that the beneficiary had the required experienCe as stated on the labor certification .
Inconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-09-26· old NYSDOT testOccupation not statedSEP262013_04B5203Computing, AI & data
The director's decision denying the petition concludes that the petitioner has not established that it intended to employ the beneficiary in the area of intended employment.
- RemandedEB-2 · Motion to reopen & reconsider2013-09-13· old NYSDOT testOccupation not statedSEP132013_01B5203Engineering
The director's decision will be remanded for further review and entry of a new decision.
- DismissedEB-2 · Motion to reopen & reconsider2013-09-04· old NYSDOT testOccupation not statedSEP042013_02B5203Engineering
Since Part H-14 provides that an individual can qualify for the offered position with less than a baccalaureate followed by five years of progressive experience in the specialty, the petition does not qualify for advanced degree professional classification.
Five years of progressive experience not documentedInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT testOccupation not statedAUG302013_01B5203Computing, AI & data
The director determined that the petitioner had failed to establish that it had the continuing ability to pay the beneficiary the proffered wage from the priority date of December 9, 2004, onward.
Inconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT testOccupation not statedAUG302013_03B5203Engineering
Upon review, the AAO finds that the motion to reconsider does not qualify for consideration under 8 C.
- UnknownEB-2 · Motion to reopen & reconsider2013-08-30· old NYSDOT testOccupation not statedAUG302013_05B5203Computing, AI & dataFive years of progressive experience not documented
- DismissedEB-2 · Motion to reopen & reconsider2013-08-29· old NYSDOT testOccupation not statedAUG292013_02B5203Computing, AI & data
However, the AAO determined that the petitioner had failed to establish that the beneficiary possesses all the experience requirements indicated on the labor certification, with five years of qualifying progressive employment experience in the job offered.
Claims not backed by documentsFive years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-08-28· old NYSDOT testOccupation not statedAUG282013_01B5203Engineering
Therefore, since an individual can qualify for the offered position with a degree less than a baccalaureate (followed by five years of progressive experience in the specialty), the petition does not qualify for advanced degree professional classification.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-08-26· old NYSDOT testOccupation not statedAUG262013_02B5203Engineering
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 documentsDid not show the waiver outweighs labor certification - SustainedEB-2 · Appeal2013-08-23· old NYSDOT testOccupation not statedAUG232013_02B5203Computing, AI & data
- 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.
- DismissedEB-2 · Motion to reopen & reconsider2013-08-22· old NYSDOT testOccupation not statedAUG222013_04B5203Engineering
Therefore, since the beneficiary's master's degree from is not from an accredited institution of higher education, it does not qualify as an advanced degree within the meaning of 8 C.
Five years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-08-16· old NYSDOT testOccupation not statedAUG162013_05B5203Computing, AI & data
The director further determined that because the labor certification in the instant matter would allow for the combination of education, experience, and/or training that is "equivalent" to a bachelor's degree, the labor certification did not meet the classification of an E21, a member of the professions holding an advanced degree or an alien of exceptional ability.
Five years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2013-08-02· old NYSDOT testOccupation not statedAUG022013_02B5203Computing, AI & data
The director determined that the petitioner had failed to establish that the beneficiary possessed the employment experience required on the ETA Form 9089 and denied the petition accordingly.
Inconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2013-07-30· old NYSDOT testOccupation not statedJUL302013_02B5203Engineering
The AAO affirmed the director's decision and also found that the petitioner did not establish that the beneficiary qualified for the proffered position.
- DismissedEB-2 · Motion to reopen & reconsider2013-07-26· old NYSDOT testOccupation not statedJUL262013_01B5203Computing, AI & data
The director also found that the petitioner had not established that the beneficiary possessed the required employment experience.
Five years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-07-26· old NYSDOT testOccupation not statedJUL262013_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 documentsFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupportedDid not show the waiver outweighs labor certification - DismissedEB-2 · Motion to reopen & reconsider2013-07-26· old NYSDOT testOccupation not statedJUL262013_04B5203Computing, 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.
- MotionEB-2 · Motion to reopen & reconsider2013-07-17· old NYSDOT testOccupation not statedJUL172013_01B5203Computing, 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 , and the beneficiary did not satisfy the minimum level of experience stated on the Form ETA 750.
Claims not backed by documentsInconsistencies in the record