184 decisions
newest first- DismissedNIW · Appeal2023-01-11Mechanical engineerJAN112023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that 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 persuasiveProposed endeavor too vagueSupport letters generic or unsupportedEvidence submitted too latePast record does not show influence or success - DismissedNIW · Appeal2022-11-02Database engineerNOV022022_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that while the record showed that the Petitioner qualified as a member ofthe professions holding an advanced degree, it did not establish that a waiver of the job offer requirement of that visa classification would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedTried to change the endeavor after filingNo interest from users, customers or investorsNo urgency shown+1 more - 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 - DismissedNIW · Appeal2022-07-27Software developerJUL272022_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that although the record shows that the Petitioner's proposed endeavor has substantial merit and he is well positioned to advance that endeavor, it did not establish that his proposed endeavor was of national importance or that, on balance, it would be beneficial to the United States to waive the requirement of a job offer, and thus a labor certification, in the Petitioner's case.
Job creation or economic claims unsupportedNo interest from users, customers or investorsNo urgency shown - 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 - 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 · Appeal2021-12-06Geophysicist engineerDEC062021_03B5203Engineering
Nevertheless, the Director denied the petition, concluding that the evidence did not establish that the proposed endeavor is of national importance or that a waiver of the requirement of ajob offer would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2021-09-30Systems engineerSEP302021_01B5203Engineering
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 persuasiveJob creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownNo interest from users, customers or investors+2 more - DismissedNIW · Appeal2021-09-28Mechanical and aerospace engineerSEP282021_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies for classification as a member ofthe 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.
Support letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2021-09-15Project engineerSEP152021_04B5203Engineering
However, the Director denied the petition, concluding that the evidence did not establish that the Petitioner is well positioned to advance the proposed endeavor or that a waiver of the requirement of ajob offer, and thus a labor certification, would be in the national interest.
Citation record not persuasiveClaims not backed by documentsNot eligible at the time of filingNo broader implications shownNo interest from users, customers or investors+1 more - DismissedNIW · Appeal2021-09-02Software engineerSEP022021_03B5203Computing, AI & data
The Director of the Nebraska 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 persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2021-08-18Postdoctoral fellow in chemical engineeringAUG182021_01B5203Engineering
The Director of the Nebraska 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 filingEvidence submitted too latePast record does not show influence or success - DismissedNIW · Appeal2021-08-16Aerospace engineerAUG162021_01B5203Engineering
The Director of the Nebraska 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 persuasiveArgued the field's importance, not the endeavor'sNo interest from users, customers or investors - DismissedNIW · Appeal2021-08-12Petroleum engineerAUG122021_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.
Support letters generic or unsupportedPast record does not show influence or success - DismissedNIW · Appeal2021-08-11Occupation not statedAUG112021_07B5203Computing, AI & data
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 unsupportedArgued the field's importance, not the endeavor'sInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2021-08-10GastroenterologistAUG102021_03B5203Engineering
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.
Past 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