48 decisions
newest first- 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 - RemandedNIW · Appeal2023-03-08Occupation not statedMAR082023_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.
Exceptional ability not establishedFive years of progressive experience not documented - RemandedNIW · Appeal2023-02-22Marketing and data analytics consultantFEB222023_01B5203Computing, AI & data
2 (AAO 2015), we conclude that a remand is warranted in this case because the Director's decision is insufficient for review.
Degree not shown to be a U.S. advanced degree equivalent - 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 · Appeal2021-06-16ChemistJUN162021_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies for classification as a member of the professions holding an advanced degree, but that she had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Labor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2021-06-15Metallurgical engineerJUN152021_03B5203Engineering
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.
Labor certification not shown to be impracticalNo urgency shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2021-04-15Software developerAPR152021_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner met the initial evidentiary requirement for an individual of exceptional ability by meeting at least three of the six evidentiary criteria under 8 C.
Proposed endeavor too vagueExceptional ability not establishedArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+3 more - DismissedNIW · Appeal2018-07-10Petroleum engineerJUL102018_01B5203Engineering
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