19 decisions
newest first- DismissedNIW · Appeal2026-04-22Chemist and postdoctoral researcherAPR222026_01B5203Physical sciences & math
Service Center Operations (SCOPS) denied the petition, concluding that the record did not establish that a waiver ofthe required job offer, and thus ofa labor certification, would be in the national interest.
Citation record not persuasiveSupport letters generic or unsupportedDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2026-03-04Occupation not statedMAR042026_01B5203Physical sciences & math
Service Center Operations (SCOPS) denied the petition, concluding that although the Petitioner is eligible for EB-2 classification as a member of the professions holding an advanced degree, he had not established that a waiver of the required job offer and labor certification, would be in the national interest.
Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2024-12-20Research assistantDEC202024_01B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner was well-positioned to advance the proposed endeavor or that it would be beneficial to the United States to waive the requirements of a job offer and labor certification.
Citation record not persuasiveNo interest from users, customers or investorsDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2024-11-26Occupation not statedNOV262024_06B5203Physical sciences & math
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 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 persuasiveNot eligible at the time of filingNo interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reopen2024-04-25ResearcherAPR252024_01B5203Physical sciences & math
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 be in the national interest.
Inconsistencies in the record - DismissedNIW · Appeal2023-09-28ResearcherSEP282023_14B5203Physical sciences & math
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.
Past record does not show influence or success - 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 - 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 · Appeal2022-03-03Geology researcherMAR032022_01B5203Physical sciences & math
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.
Citation record not persuasivePast record does not show influence or success - DismissedNIW · Appeal2021-08-09Industrial chemistAUG092021_03B5203Physical sciences & math
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.
Citation record not persuasiveEvidence submitted too latePast record does not show influence or success - RemandedNIW · Appeal2021-06-28Materials scientistJUN282021_01B5203Physical sciences & math
Upon de nova review, we will withdraw the Director's decision and remand the matter for the entry of a new decision consistent with the following analysis.
Citation record not persuasivePast record does not show influence or success - DismissedNIW · Appeal2021-06-25Occupation not statedJUN252021_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that although the Beneficiary qualified for classification as an individual of exceptional ability, the Petitioner had not established that the Beneficiary is well positioned to advance the proposed endeavor or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Not eligible at the time of filingExceptional ability not establishedArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+3 more - DismissedNIW · Appeal2021-05-10Materials chemistry researcherMAY102021_01B5203Physical sciences & math
Specifically, the Director determined that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, 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 persuasiveNot eligible at the time of filingPast record does not show influence or success - DismissedNIW · Appeal2021-01-19Physics researcherJAN192021_03B5203Physical sciences & math
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.
Citation record not persuasive - DismissedNIW · Appeal2020-07-23Organic chemistry researcherJUL232020_01B5203Physical sciences & math
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 be 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 persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2020-01-28Optical physics researcherJAN282020_01B5203Physical sciences & math
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 he had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Past record does not show influence or success - DismissedNIW · Appeal2019-03-12Mathematics teacher and education researcherMAR122019_03B5203Physical sciences & math
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, and a subsequent motion, finding 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.
Citation record not persuasiveBenefits limited to an employer or its clientsNo broader implications shownPast record does not show influence or success - MotionEB-2 · Motion to reopen & reconsider2014-01-03· old NYSDOT testOccupation not statedJAN032014_01B5203Physical sciences & math
The director concluded that the pet1t10ner failed to demonstrate the beneficiary ' s qualifying educational requirements for the offered position as required by the labor certification and for classification as an advanced degree professional.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentInconsistencies 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