34 decisions
newest first- MotionNIW · Motion to reopen2026-07-20Industrial engineerJUL202026_01B5203Engineering
Citizenship and Immigration Service (USCIS) denied the petition, concluding the Petitioner did not establish that a waiver of the classification's job offer requirement, and thus of the labor certification, would be in the national interest.
No interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2026-07-10Computer scientistJUL102026_01B5203Computing, AI & data
Citizenship and Immigration Services (USCIS) denied the petition, concluding 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.
- MotionNIW · Motion to reopen & reconsider2025-11-26Doctoral student and researcher in the artificial intelligence (Al) fieldNOV262025_01B5203Computing, AI & data
Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus ofa labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingLabor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shown+2 more - MotionNIW · Motion to reopen2025-09-29Doctoral student 1 and researcher in the area of civil engineeringSEP292025_09B5203Engineering
Service Center Operations (SCOPS) denied the petrt10n, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus of a labor certification, would be in the national interest.
Citation record not persuasiveLabor certification not shown to be impracticalSupport letters generic or unsupportedNo interest from users, customers or investorsNo urgency shown+2 more - DismissedNIW · Motion to reopen2025-09-03ResearcherSEP032025_01B5203Computing, AI & data
But it does not show the influence ofany particular author or otherwise demonstrate how an individual's research represents a record of success in their field.
Citation record not persuasivePast record does not show influence or success - DismissedNIW · Motion to reopen2025-05-30Data scientist/researcherMAY302025_04B5203Computing, AI & data
In July 2023, Service Center Operations (SCOPS) denied the petition, concluding the Petitioner did not demonstrate her eligibility for a national interest waiver.
Proposed endeavor too vagueSupport letters generic or unsupportedEvidence submitted too lateNo interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2025-01-23Consultant and/or advisor in the field of electronic engineering (cybersecurity)JAN232025_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he merited a waiver of the job offer and labor certification requirements for EB-2 classification.
Claims not backed by documentsInconsistencies in the recordLabor certification not shown to be impractical - MotionNIW · Motion to reopen & reconsider2024-11-05Cyber-physical system consultant who claims that he is also an entrepreneurNOV052024_01B5203Computing, AI & data
The Director of the Nebraska 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, and affirmed the denial on a subsequent motion to reopen and reconsider.
Not eligible at the time of filingEvidence submitted too lateNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Motion to reopen2024-10-29Computer systems analystOCT292024_04B5203Computing, 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 - 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 - MotionNIW · Motion2022-08-31ResearcherAUG312022_03B5203Engineering
We dismissed the subsequent appeal, concluding that though the record shows that the proposed endeavor would have substantial merit and 1 national importance, the Petitioner did not establish he is well-positioned to advance the endeavor.
Citation record not persuasiveInconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2022-07-21Mechanical and aerospace engineerJUL212022_02B5203Engineering
The Director o f the Nebraska Service Center denied the petition, determining that while the Petitioner qualifies 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.
Inconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2022-05-31Chemical engineerMAY312022_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies as a member of the professions holding an advanced degree or 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 equivalentProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - MotionNIW · Motion to reopen2020-10-16Petroleum engineerOCT162020_04B5203Engineering
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 persuasiveNot eligible at the time of filingSupport letters generic or unsupportedPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2019-01-31Petroleum engineerJAN312019_02B5203Engineering
Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, finding 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 ofthe labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingNo broader implications shownPast record does not show influence or success - DismissedEB-2 · Motion to reopen2017-09-29Software development and consulting companySEP292017_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possesses a foreign degree that is equivalent to a U.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Certification2016-02-09· old NYSDOT testElectrical contractorFEB092016_07B5203Engineering
The Director determined that the Beneficiary did not qualify for classification as an advanced degree professional under section 203(b )(2) of the Act, or meet the minimum requirements on the labor certification to qualify for the job offered.
Claims not backed by documentsFive years of progressive experience not documented - DismissedNIW · Motion to reopen & reconsider2015-04-15· old NYSDOT testOccupation not statedAPR152015_01B5203Computing, AI & data
The director found that the petitioner had not established that he qualifies for the classification sought.
Claims not backed by documentsNot eligible at the time of filing - DismissedEB-2 · Motion to reopen & reconsider2015-02-10· old NYSDOT testOccupation not statedFEB102015_04B5203Computing, AI & data
The petitioner also has not established that it had sufficient net income to pay the proffered wages of its other sponsored workers in any of the years at issue.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen & reconsider2014-09-18· old NYSDOT testOccupation not statedSEP182014_01B5203Computing, AI & data
We did not, however, find the visa petition to be approvable as the record failed to establish that the beneficiary held an advanced degree in a field required by the labor certification.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented