169 decisions
newest first- DismissedNIW · Appeal2024-05-16Occupation not statedMAY162024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that Petitioner qualifies as an advanced degree professional.
Job creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sNo broader implications shown+1 more - DismissedNIW · Appeal2024-05-14Software and web developerMAY142024_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 classification.
Exceptional ability not establishedFive years of progressive experience not documented - RemandedNIW · Appeal2024-04-23Computer and information systems managerAPR232024_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2024-04-18Occupation not statedAPR182024_10B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish that the Petitioner qualified for classification as an employment based second preference permanent immigrant and a discretionary waiver of the job offer requirement, and thus a labor certification was not merited upon the application of the analytical framework we first explicated in Matter ofDhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedNIW · Appeal2024-04-15Software engineerAPR152024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement " in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - RemandedNIW · Appeal2024-04-02Computer network and maintenance technicianAPR022024_03B5203Computing, AI & data
Upon de novo review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the record - DismissedNIW · Appeal2024-02-27Electrical technicianFEB272024_11B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for the EB-2 exceptional ability classification or that a waiver of the job offer requirement would be in the national interest.
Exceptional ability not establishedInconsistencies in the recordNo broader implications shown - DismissedNIW · Appeal2024-02-07Industrial engineer and a business owner of a transportation companyFEB072024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility for the underlying EB-2 classification as a member of the professionals holding an advanced degree.
- DismissedNIW · Appeal2024-02-06Entrepreneur in information technologyFEB062024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish he was eligible for, and merited as a matter of discretion, a national interest waiver.
Job creation or economic claims unsupportedExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shown - DismissedNIW · Appeal2024-01-30Real estate developer and entrepreneurJAN302024_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement "in the national interest.
Not eligible at the time of filingProposed endeavor too vagueSupport letters generic or unsupported - DismissedNIW · Appeal2024-01-25Software quality analyst and testerJAN252024_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the EB-2 classification as an individual of exceptional ability, or that he merits a national interest waiver as a matter of discretion.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-12-12Occupation not statedDEC122023_05B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar analytical framework, as a matter of discretion.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documentedInconsistencies in the record+1 more - DismissedNIW · Appeal2023-11-29Information technology (IT) project managerNOV292023_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver.
Exceptional ability not established - DismissedNIW · Appeal2023-11-29Production supervisor in the automotive industryNOV292023_07B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility for either the EB-2 classification or a national interest waiver.
Exceptional ability not established - DismissedNIW · Appeal2023-11-29Information security analyst in the cybersecurity fieldNOV292023_10B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Five years of progressive experience not documentedEvidence submitted too late - DismissedNIW · Appeal2023-11-27Occupation not statedNOV272023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-11-21Automotive technicianNOV212023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility as an individual of exceptional ability and that a waiver ofthe 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 · Appeal2023-11-01Human development specialistNOV012023_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner established eligibility for the underlying second preference classification, she did not establish eligibility for a national interest waiver under the framework outlined in Matter of Dhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Appeal2023-10-03Occupation not statedOCT032023_01B5203Computing, 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 - DismissedNIW · Appeal2023-09-26Electrical and automation engineerSEP262023_06B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner's endeavor would have national importance, that the Petitioner is wellpositioned to advance that endeavor, or that, on balance, it would benefit the United States to waive the job offer requirement.
Claims not backed by documentsJob creation or economic claims unsupportedNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported