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22 decisions

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Failed NYSDOT (old test) Failed Step 0 No interest from users, customers or investors Engineering Computing, AI & data Clear all
  1. DismissedNIW · Appeal2026-07-16
    Artificial intelligence (AI) researcherJUL162026_02B5203
    Computing, AI & data

    USCIS denied the petition, concluding that the Petitioner did not qualify for classification as an individual of exceptional ability and that he had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

    Citation record not persuasiveExceptional ability not establishedNo interest from users, customers or investors
  2. DismissedNIW · Appeal2026-07-07
    Electrical engineerJUL072026_06B5203
    Engineering

    USCIS denied the petition, concluding that although the Petitioner qualified for the EB-2 classification as an advanced degree professional, the record does not establish that he is eligible for, and merits as a matter of discretion, a national interest waiver.

    Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo broader implications shown+1 more
  3. DismissedNIW · Appeal2025-04-14
    Electrical engineerAPR142025_02B5203
    Engineering

    The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish that he qualifies for the underlying EB-2 classification or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

    Claims not backed by documentsJob creation or economic claims unsupportedFive years of progressive experience not documentedInconsistencies in the recordNo broader implications shown+3 more
  4. DismissedNIW · Motion to reopen2024-10-29
    Computer systems analystOCT292024_04B5203
    Computing, AI & data

    The Director ofthe Texas Service Center denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.

    Citation record not persuasiveExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedEvidence submitted too late+1 more
  5. DismissedNIW · Appeal2024-08-19
    Information technology service business owner and providerAUG192024_03B5203
    Computing, 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.

    Job creation or economic claims unsupportedFive years of progressive experience not documentedNo broader implications shownNo interest from users, customers or investorsPlan or projections not corroborated+2 more
  6. DismissedNIW · Appeal2024-08-16
    General and operations manager in the manufacturing industryAUG162024_04B5203
    Engineering

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish that he qualifies for the underlying EB-2 classification or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

    Citation record not persuasiveClaims not backed by documentsExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shown+1 more
  7. DismissedNIW · Appeal2024-08-14
    Information technology consultant and analystAUG142024_10B5203
    Computing, AI & data

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualified for EB-2 classification as an advanced degree professional or an individual of exceptional ability, and did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

    Exceptional ability not establishedNo interest from users, customers or investors
  8. DismissedNIW · Appeal2023-10-03
    Occupation not statedOCT032023_01B5203
    Computing, AI & data

    The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he is an individual of exceptional ability or that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.

    Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordNo interest from users, customers or investorsNo urgency shown+3 more
  9. DismissedNIW · Appeal2021-10-29
    Chemical engineerOCT292021_03B5203
    Engineering

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish the substantial merit or national importance of the proposed endeavor or that the Petitioner is well positioned to advance it.

    Exceptional ability not establishedFive years of progressive experience not documentedNo interest from users, customers or investors
  10. DismissedNIW · Appeal2021-07-20
    Chemical engineerJUL202021_08B5203
    Engineering

    The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor or that the Petitioner is well positioned to advance the proposed endeavor.

    Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not established+3 more
  11. DismissedNIW · Appeal2021-04-15
    Software developerAPR152021_03B5203
    Computing, AI & data

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner met the initial evidentiary requirement for an individual of exceptional ability by meeting at least three of the six evidentiary criteria under 8 C.

    Proposed endeavor too vagueExceptional ability not establishedArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+3 more
  12. DismissedNIW · Appeal2015-06-05· old NYSDOT test
    Engineer willJUN052015_02B5203
    Engineering

    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.

    No interest from users, customers or investors
  13. DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
    ResearcherAPR222015_01B5203
    Engineering

    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.

    Not eligible at the time of filingArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success
  14. DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT test
    Occupation not statedAPR222015_02B5203
    Computing, AI & data

    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 broader implications shownNo interest from users, customers or investorsPast record does not show influence or success
  15. DismissedNIW · Motion to reopen & reconsider2015-01-16· old NYSDOT test
    Occupation not statedJAN162015_01B5203
    Engineering

    The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.

    Support letters generic or unsupportedNo interest from users, customers or investors
  16. DismissedNIW · Motion to reopen & reconsider2014-12-15· old NYSDOT test
    Occupation not statedDEC152014_01B5203
    Engineering

    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.

    Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors
  17. DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
    Occupation not statedDEC082014_01B5203
    Engineering

    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 documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors
  18. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_03B5203
    Engineering

    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 .

    Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+1 more
  19. DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT test
    Occupation not statedAPR182014_08B5203
    Engineering

    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.

    Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investorsPast record does not show influence or success
  20. DismissedNIW · Motion to reopen & reconsider2013-11-05· old NYSDOT test
    Occupation not statedNOV052013_01B5203
    Computing, 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