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17 decisions

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Failed Prong 3 Failed NYSDOT (old test) Support letters generic or unsupported Engineering Computing, AI & data Clear all
  1. DismissedNIW · Appeal2026-08-20
    Training and development specialistAUG202026_01B5203
    Engineering

    However, USCIS concluded that the record does not establish that a waiver of the job offer requirement, and thus of a labor certification, would be in the national interest.

    Job creation or economic claims unsupportedProposed endeavor too vagueSupport letters generic or unsupportedNo broader implications shown
  2. DismissedNIW · Appeal2026-07-30
    Graduate student in chemical engineeringJUL302026_01B5203
    Engineering

    USCIS 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.

    Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsNo urgency shownDid not show the waiver outweighs labor certification+1 more
  3. DismissedNIW · Appeal2026-05-14
    Systems engineering specialistMAY142026_02B5203
    Engineering

    Service Center Operations (SCOPS) denied the petition, concluding that the record 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.

    Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsProposed endeavor too vagueFive years of progressive experience not documented+8 more
  4. DismissedNIW · Appeal2026-02-13
    Forecasting and data analysis researcherFEB132026_02B5203
    Computing, AI & data

    Service Center Operations (SCOPS) denied the petition, concluding that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, he did not establish 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 investorsNo urgency shownPlan or projections not corroborated+2 more
  5. DismissedNIW · Appeal2025-11-04
    Senior hardware engineerNOV042025_01B5203
    Engineering

    Service Center Operations (SCOPS) denied the petition, concluding that although the Beneficiary qualified for classification as an advanced degree professional and his endeavor has substantial merit, the Petitioner had not established that the Beneficiary's endeavor is of national importance, that he is well positioned to advance the proposed endeavor, or that, on balance, a waiver of the required job offer, and thus of the labor certification, would be in the national interest.

    Argued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo broader implications shown
  6. MotionNIW · Motion to reopen2025-09-29
    Doctoral student 1 and researcher in the area of civil engineeringSEP292025_09B5203
    Engineering

    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
  7. DismissedNIW · Appeal2025-05-21
    Automotive quality managerMAY212025_02B5203
    Engineering

    The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner qualified for a national interest waiver.

    Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueSupport letters generic or unsupportedPlan or projections not corroborated
  8. DismissedNIW · Appeal2025-05-21
    Automotive technicianMAY212025_03B5203
    Engineering

    The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner qualified for EB-2 visa classification or a national interest waiver.

    Claims not backed by documentsJob creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueSupport letters generic or unsupported+1 more
  9. DismissedNIW · Appeal2025-05-07
    Telecommunications engineerMAY072025_04B5203
    Engineering

    Service Center Operations (SCOPS) 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.

    Proposed endeavor too vagueSupport letters generic or unsupportedEvidence submitted too lateDid not show the waiver outweighs labor certification
  10. DismissedNIW · Appeal2025-03-04
    Software engineer rather than performing researchMAR042025_02B5203
    Computing, AI & data

    The Director of the Nebraska Service Center denied the petition, concluding the record did not establish that the Petitioner was eligible for the requested national interest waiver.

    Citation record not persuasiveBenefits limited to an employer or its clientsSupport letters generic or unsupportedNo broader implications shownNo interest from users, customers or investors+3 more
  11. MotionNIW · Motion to reopen & reconsider2022-05-31
    Chemical engineerMAY312022_02B5203
    Engineering

    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
  12. DismissedNIW · Appeal2018-07-10
    Petroleum engineerJUL102018_01B5203
    Engineering

    The Director of the 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 of the labor certification, would be in the national interest.

    Citation record not persuasiveLabor certification not shown to be impracticalSupport letters generic or unsupportedNo broader implications shownNo interest from users, customers or investors+3 more
  13. SustainedNIW · Appeal2016-07-06· old NYSDOT test
    Senior engineer working on wireless communications technologyJUL062016_01B5203
    Engineering

    The Petitioner in this case has established by a preponderance of the evidence that he qualifies as an advanced degree professional, and that a waiver of the job offer requirement will be in the national interest of the United States.

    Argued the field's importance, not the endeavor'sSupport letters generic or unsupportedPast record does not show influence or success
  14. MotionNIW · Motion to reopen2015-08-25· old NYSDOT test
    Occupation not statedAUG252015_01B5203
    Engineering

    The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.

    Not eligible at the time of filingExceptional ability not establishedSupport letters generic or unsupported
  15. DismissedNIW · Motion to reopen & reconsider2015-01-16· old NYSDOT test
    Occupation not statedJAN162015_01B5203
    Engineering

    The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.

    Support letters generic or unsupportedNo interest from users, customers or investors
  16. DismissedNIW · Motion to reopen & reconsider2014-12-08· old NYSDOT test
    Occupation not statedDEC082014_01B5203
    Engineering

    The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Claims not backed by documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors
  17. DismissedNIW · Motion to reopen & reconsider2013-11-05· old NYSDOT test
    Occupation not statedNOV052013_01B5203
    Computing, AI & data

    The director found that the petitioner qualifies for classification as a member of the professions with progressive post-baccalaureate experience equivalent to a master's degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.

    Claims not backed by documentsArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors