718 decisions
newest first- DismissedNIW · Appeal2023-04-26System engineerAPR262023_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vague - DismissedNIW · Appeal2023-04-20Production engineer in the oil and gas industryAPR202023_01B5203Engineering
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 as a member of the professions holding an advanced degree.
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 - DismissedNIW · Appeal2023-04-12Mechanical engineerAPR122023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established 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 unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueArgued the field's importance, not the endeavor'sNo broader implications shown - MotionNIW · Motion to reopen & reconsider2023-04-05Avionics engineerAPR052023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
- DismissedNIW · Appeal2023-04-05Software developerAPR052023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner was eligible for or otherwise merited a national interest waiver.
Proposed endeavor too vagueTried to change the endeavor after filingNo broader implications shownRelied on a labor shortage - DismissedNIW · Certification2023-04-05Occupation not statedAPR052023_06B5203Engineering
2 (AAO 2015), we conclude that the Petitioner has not demonstrated the national importance of her proposed U.
Evidence submitted too lateNo broader implications shownPast record does not show influence or success - DismissedNIW · Appeal2023-03-30Software engineerMAR302023_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner qualified as an advanced degree professional, 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 persuasiveJob creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupported - DismissedNIW · Appeal2023-03-20Electrical engineerMAR202023_01B5203Engineering
The Director ofthe Texas Service Center concluded that the Petitioner qualified for classification as an individual with an advanced degree, but denied the petition, concluding he did not establish that a waiver of the required job offer, and thus the labor certification, would be in the national interest.
Not eligible at the time of filingTried to change the endeavor after filing - DismissedNIW · Motion to reopen2023-03-13Information technology (IT) instructorMAR132023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
Job creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueNo broader implications shown - RemandedNIW · Appeal2023-03-08Occupation not statedMAR082023_02B5203Computing, 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.
Exceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-03-07Information security specialistMAR072023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for or otherwise merits a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedProposed endeavor too vagueNo broader implications shownNo interest from users, customers or investors - DismissedNIW · Appeal2023-03-06Civil and mechanical engineer specializing in transportation issuesMAR062023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the classification's job offer requirement would be in the national interest.
Not eligible at the time of filingProposed endeavor too vagueNo broader implications shownDid not show the waiver outweighs labor certification - RemandedNIW · Appeal2023-02-22Marketing and data analytics consultantFEB222023_01B5203Computing, AI & data
2 (AAO 2015), we conclude that a remand is warranted in this case because the Director's decision is insufficient for review.
Degree not shown to be a U.S. advanced degree equivalent - DismissedNIW · Appeal2023-02-17Civil engineerFEB172023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility under the Dhanasar framework.
Job creation or economic claims unsupported - DismissedNIW · Appeal2023-02-14Civil engineerFEB142023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the classification's job offer requirement would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsArgued the field's importance, not the endeavor's+4 more - DismissedNIW · Appeal2023-02-14Civil engineerFEB142023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner qualifies for classification as a member ofthe professions holding an advanced degree or, in the alternative, as an individual of exceptional ability.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown+1 more - DismissedNIW · Appeal2023-02-08Information technology project managerFEB082023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but that the Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, would beinthenationalinterest.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsTried to change the endeavor after filingNo broader implications shown+1 more - DismissedNIW · Appeal2023-02-03Petroleum drilling engineerFEB032023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that while the Petitioner established his eligibility as a member of the professions holding an advanced degree, the record did not establish that he qualified for and otherwise merited a national interest waiver.
Benefits limited to an employer or its clientsArgued the field's importance, not the endeavor'sPast record does not show influence or success - DismissedNIW · Appeal2023-02-02Occupation not statedFEB022023_01B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for the EB-2 classification, and that she had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingFive years of progressive experience not documentedTried to change the endeavor after filing+1 more - DismissedNIW · Appeal2023-01-24StatisticianJAN242023_02B5203Physical sciences & math
The Director ofthe Texas Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that she had not established 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 unsupportedNot eligible at the time of filingTried to change the endeavor after filingRelied on a labor shortage