169 decisions
newest first- DismissedNIW · Appeal2023-09-18Plastic packaging manufacturerSEP182023_06B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary did not qualify for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Exceptional ability not establishedFive years of progressive experience not documentedNo broader implications shown - DismissedNIW · Appeal2023-09-13Cybersecurity technology entrepreneurSEP132023_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Claims not backed by documentsProposed endeavor too vagueFive years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Appeal2023-08-24Bodywork technician in the automotive industryAUG242023_13B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he qualifies as an individual of exceptional ability and, therefore, the issue of qualifying for a national interest waiver was moot to the petition's decisional outcome.
- DismissedNIW · Appeal2023-06-20Mechanical engineerJUN202023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that he was eligible for, and otherwise merited as a matter of discretion, a national interest waiver.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsFive years of progressive experience not documentedSupport letters generic or unsupported+1 more - DismissedNIW · Appeal2023-06-13Operations manager and automotive repair mechanicJUN132023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the underlying EB-2 immigrant classification.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-05-18Manufacturing technicianMAY182023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar framework.
Exceptional ability not establishedArgued the field's importance, not the endeavor's - DismissedNIW · Appeal2023-04-28GeologistAPR282023_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner met the initial evidentiary requirements for EB-2 classification as an individual of exceptional ability.
Exceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-04-18Eyeglass manufacturerAPR182023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish either the Beneficiary's qualification for the EB-2 immigrant classification or that a waiver ofthe classification's job offer requirement would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established - DismissedNIW · Appeal2023-04-03Software engineerAPR032023_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record does not establish the Petitioner qualifies for classification as an individual of exceptional ability or, in the alternative, as a member of the professions holding an advanced degree.
- DismissedNIW · Appeal2023-03-07Travel agent/tour guideMAR072023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-03-01Electrical engineer in the field of industrial automationMAR012023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is either a member of the professions holding an advanced degree or an individual of exceptional ability.
Claims not backed by documentsExceptional ability not established - DismissedNIW · Appeal2023-01-31Electronic engineering technicianJAN312023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that that the Petitioner had not established eligibility as an individual of exceptional ability and that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Support letters generic or unsupportedNo broader implications shownPast record does not show influence or success - DismissedNIW · Appeal2023-01-11EngineerJAN112023_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility under the Dhanasar framework.
Not eligible at the time of filingProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown - WithdrawnEB-2 · Appeal2022-12-07Computer software solutions businessDEC072022_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2022-11-22Quality control chemistNOV222022_02B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary has the requisite educational credential to qualify for classification as an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2022-11-07Information technology (IT) directorNOV072022_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedExceptional ability not establishedFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+3 more - DismissedNIW · Appeal2022-10-06Electrical engineer specializing in electric vehicle technologyOCT062022_01B5203Engineering
However, the Director noted that the letters of employment do not state the duties the Petitioner performed, and, therefore, he could not establish the five years of required post- baccalaureate experience in the specialty.
Claims not backed by documentsFive years of progressive experience not documentedDid not show the waiver outweighs labor certification - DismissedEB-2 · Appeal2022-08-25Research and manufacturing businessAUG252022_02B5203Engineering
5, Schedule A, Group IL The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary satisfied at least two of the seven evidentiary criteria at 20 C.
Exceptional ability not establishedSupport letters generic or unsupportedEvidence submitted too late - DismissedNIW · Appeal2022-08-23Computer engineerAUG232022_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsExceptional ability not established+6 more - DismissedEB-2 · Appeal2022-08-09Software development and consulting businessAUG092022_01B5203Computing, AI & data
The Director also informed the Petitioner that the record did not establish its ability to pay the proffered wage, as it submitted only its 2010 federal income tax return with the petition, which was before the 2011 priority date.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordLabor certification not shown to be impractical