1,558 decisions
newest first- DismissedEB-2 · Motion to reopen & reconsider2013-12-26· old NYSDOT testOccupation not statedDEC262013_03B5203Computing, 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 documentsInconsistencies in the record - RemandedEB-2 · Appeal2013-12-12· old NYSDOT testOccupation not statedDEC122013_01B5203Computing, AI & data
Thus, the petition will be remanded for the director to determine whether the beneficiary is a member of the professions holding an advanced degree, and that the offered position requires, at a minimum, a [p5] (b)(6) NON-PRECEDENT DECISION Page 5 professional holding an advanced degree.
Citation record not persuasiveInconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2013-12-12· old NYSDOT testOccupation not statedDEC122013_02B5203Computing, AI & data
The director's decision denying the petition concludes that the petitioner failed to establish its ability to pay the proffered wage since the priority date.
Inconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2013-12-06· old NYSDOT testOccupation not statedDEC062013_01B5203Computing, AI & data
The director determined that the petitioner had not established that it had the continuing abili~y to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documentsEvidence submitted too late - DismissedEB-2 · Motion to reopen & reconsider2013-12-05· old NYSDOT testOccupation not statedDEC052013_04B5203Computing, AI & data
- 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 - UnknownNIW · Motion to reopen & reconsider2013-12-05· old NYSDOT testOccupation not statedDEC052013_14B5203Physical sciences & math
S not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Exceptional ability not establishedSupport letters generic or unsupportedNo interest from users, customers or investorsPlan or projections not corroborated - DismissedNIW · Motion to reopen & reconsider2013-11-27· old NYSDOT testOccupation not statedNOV272013_04B5203Engineering
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 recordEvidence submitted too late - DismissedEB-2 · Motion to reopen & reconsider2013-11-26· old NYSDOT testOccupation not statedNOV262013_02B5203Computing, AI & data
The director determined that the petitioner failed to demonstrate that the labor certification required an advanced degree for the position so that the category requested was inapplicable and that the petitioner failed to demonstrate the ability to pay the proffered wage from the priority date onwards.
Claims not backed by documents - SustainedEB-2 · Appeal2013-11-14· old NYSDOT testOccupation not statedNOV142013_01B5203EngineeringEvidence submitted too late
- UnknownEB-2 · Appeal2013-11-14· old NYSDOT testOccupation not statedNOV142013_02B5203Engineering
Upon reviewing the petition, the director determined that the beneficiary did not satisfy the minimum education requirements stated oil the labotcettification.
- RemandedEB-2 · Motion to reconsider2013-11-14· old NYSDOT testOccupation not statedNOV142013_03B5203Computing, AI & data
1 The director's decision to revoke the petition will be withdrawn, and the matter will be remanded for further consideration.
Claims not backed by documentsInconsistencies in the record - RemandedEB-2 · Appeal2013-11-12· old NYSDOT testOccupation not statedNOV122013_04B5203Physical sciences & math
The director's decision will be withdrawn, and the matter will be remanded to the director for further action, consideration, and the entry of a new decision in accordance with below.
Inconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2013-11-05· old NYSDOT testOccupation not statedNOV052013_01B5203Computing, AI & data
The director found that the petitioner qualifies for classification as a member of the professions with progressive post-baccalaureate experience equivalent to a master's 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'sSupport letters generic or unsupportedNo interest from users, customers or investors - 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.
- RemandedEB-2 · Appeal2013-10-31· old NYSDOT testOccupation not statedOCT312013_05B5203Engineering
The director's decision will be withdrawn and the petition remanded for a new decision.
- RemandedEB-2 · Motion to reopen & reconsider2013-10-31· old NYSDOT testOccupation not statedOCT312013_06B5203Computing, AI & data
The petition is remanded to the director for consideration of the issue stated above.
- DismissedNIW · Motion to reopen & reconsider2013-10-08· old NYSDOT testOccupation not statedOCT082013_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.
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 - DismissedEB-2 · Motion to reopen & reconsider2013-10-03· old NYSDOT testOccupation not statedOCT032013_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.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2013-10-02· old NYSDOT testOccupation not statedOCT022013_01B5203Computing, AI & data
The director revoked the approval of the petition on July 2, 2012, stating that the petitioner had failed to establish its ability to pay the proffered wage as of the priority date and continuing until the beneficiary obtains lawful permanent residence.
Claims not backed by documentsInconsistencies in the record