169 decisions
newest first- DismissedNIW · Appeal2024-01-23Senior hardware engineerJAN232024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, 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 persuasiveJob creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueArgued the field's importance, not the endeavor's+4 more - DismissedNIW · Appeal2024-01-05Information technology (IT) analyst/entrepreneurJAN052024_06B5203Computing, AI & data
But the Director concluded that the Petitioner did not demonstrate the requested waiver's merits.
Degree not shown to be a U.S. advanced degree equivalentNo interest from users, customers or investorsPlan or projections not corroborated - RemandedNIW · Appeal2023-11-27Entrepreneur in the field of cybersecurityNOV272023_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.
- DismissedNIW · Appeal2023-11-22Occupation not statedNOV222023_03B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner merits a national interest waiver, as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filingNo broader implications shown - DismissedNIW · Appeal2023-11-17Occupation not statedNOV172023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish 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 unsupportedProposed endeavor too vagueNo broader implications shownPlan or projections not corroboratedDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2023-10-20Electronics engineerOCT202023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the national interest waiver.
Job creation or economic claims unsupportedInconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - 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 · Appeal2023-09-28Civil engineerSEP282023_09B5203Engineering
The Director of the Nebraska 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.
Claims not backed by documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sInconsistencies in the recordPlan or projections not corroborated+2 more - DismissedNIW · Appeal2023-09-15Chemical engineer and researcherSEP152023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that a waiver of the required job offer, and thus of a labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordNo broader implications shownNo interest from users, customers or investors - DismissedNIW · Appeal2023-07-06Machine learning researcherJUL062023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2023-07-05Occupation not statedJUL052023_01B5203Engineering
The Director denied the petition, in part, concluding that the Petitioner had not demonstrated that he is well position to advance his initially proposed endeavor, which involved providing HVAC services through T- to small businesses.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingTried to change the endeavor after filing - DismissedNIW · Appeal2023-05-25EngineerMAY252023_11B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the national interest waiver.
Not eligible at the time of filingTried to change the endeavor after filing - DismissedNIW · Appeal2023-05-08Civil engineerMAY082023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Five years of progressive experience not documentedInconsistencies in the recordDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2023-02-09Electrical engineerFEB092023_02B5203Engineering
The Director of the Nebraska 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 persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - 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