182 decisions
newest first- DismissedNIW · Appeal2024-08-29Information technology (IT) professional consultantAUG292024_05B5203Computing, AI & data
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Workers (national interest waiver), concluding the Petitioner did not qualify for the EB-2 classification and had not established a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownPlan or projections not corroborated+2 more - DismissedNIW · Appeal2024-08-28Business executive and researcherAUG282024_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for the requested national interest waiver.
Claims not backed by documentsJob creation or economic claims unsupportedExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shown - DismissedNIW · Appeal2024-08-22Occupation not statedAUG222024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner established her eligibility for the EB-2 classification as a member of the professions holding an advanced degree, she did not show that a waiver of the required job offer, and thus labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedProposed endeavor too vagueExceptional ability not establishedFive years of progressive experience not documented+4 more - DismissedNIW · Appeal2024-08-19Information technology service business owner and providerAUG192024_03B5203Computing, AI & data
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.
Job creation or economic claims unsupportedFive years of progressive experience not documentedNo broader implications shownNo interest from users, customers or investorsPlan or projections not corroborated+2 more - DismissedNIW · Appeal2024-08-16General and operations manager in the manufacturing industryAUG162024_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that he qualifies for the underlying EB-2 classification or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Citation record not persuasiveClaims not backed by documentsExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shown+1 more - DismissedNIW · Appeal2024-08-14Information technology consultant and analystAUG142024_10B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualified for EB-2 classification as an advanced degree professional or an individual of exceptional ability, and did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Exceptional ability not establishedNo interest from users, customers or investors - DismissedNIW · Appeal2024-08-13Information security analystAUG132024_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-classification nor are they eligible for a national interest waiver as a matter of discretion.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the recordPlan or projections not corroboratedRelied on a labor shortage - DismissedNIW · Appeal2024-08-05Computer systems analystAUG052024_04B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner had not established he was an individual of exceptional ability.
Exceptional ability not established - DismissedNIW · Appeal2024-08-01Cybersecurity consultantAUG012024_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not qualify for classification as an individual of exceptional ability, and 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.
- DismissedNIW · Appeal2024-08-01Entrepreneur in the field of industrial and technical furniture manufacturingAUG012024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement "in the national interest.
Exceptional ability not establishedSupport letters generic or unsupported - DismissedNIW · Appeal2024-07-19Occupation not statedJUL192024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 immigrant classification as an individual of exceptional ability.
Exceptional ability not establishedSupport letters generic or unsupportedEvidence submitted too late - DismissedNIW · Appeal2024-07-17Entrepreneur in the information technology industryJUL172024_12B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that that the Petitioner qualified for classification as an individual of exceptional ability and a discretionary waiver of the job offer requirement, and thus a labor certification, was not merited upon application of the analytical framework we first explicated in Matter ofDhanasar, 26 I&N Dec.
Claims not backed by documentsExceptional ability not established - DismissedNIW · Appeal2024-07-16Computer and information systems managerJUL162024_12B5203Computing, AI & data
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Workers (national interest waiver), 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.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown+2 more - DismissedNIW · Appeal2024-06-25Mechatronics engineerJUN252024_11B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner held an advanced degree, nor was he an individual of exceptional ability, nor that a waiver of the job offer requirement is in the national interest.
Claims not backed by documentsExceptional ability not established - DismissedNIW · Appeal2024-06-21IT project managerJUN212024_09B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner was an individual of exceptional ability and 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 unsupportedNo broader implications shown - DismissedNIW · Appeal2024-05-23Occupation not statedMAY232024_06B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish that he qualified for the EB-2 classification as an individual of exceptional ability.
Exceptional ability not established - DismissedNIW · Appeal2024-05-16Occupation not statedMAY162024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that Petitioner qualifies as an advanced degree professional.
Job creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sNo broader implications shown+1 more - DismissedNIW · Appeal2024-05-14Software and web developerMAY142024_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 classification.
Exceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2024-04-26Information technology (IT) engineer specializing in cybersecurityAPR262024_05B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish that the Petitioner qualified for a national interest waiver.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsProposed endeavor too vaguePlan or projections not corroborated+1 more - RemandedNIW · Appeal2024-04-23Computer and information systems managerAPR232024_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedDid not show the waiver outweighs labor certification