10 decisions
newest first- DismissedNIW · Appeal2026-07-16Artificial intelligence (AI) researcherJUL162026_02B5203Computing, AI & data
USCIS 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.
Citation record not persuasiveExceptional ability not establishedNo interest from users, customers or investors - DismissedNIW · Motion to reopen2024-10-29Computer systems analystOCT292024_04B5203Computing, AI & data
The Director ofthe Texas Service Center denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.
Citation record not persuasiveExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedEvidence submitted too late+1 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 - DismissedEB-2 · Appeal2018-01-26IT services companyJAN262018_02B5203Computing, AI & data
If the labor certification allows for less than an advanced degree, the position will not qualify for EB-2 classification.
Citation record not persuasiveInconsistencies in the record - DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_01B5203Computing, AI & data
The Director found that the evidence of record did not establish that the Beneficiary met the minimum educational requirements for the offered position.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingDid not show the waiver outweighs labor certification - SustainedNIW · Appeal2016-12-12· old NYSDOT testCorrosion science engineerDEC122016_01B5203Engineering
· Thus, the rem~iriing issue in contention is ~hether the Petitioner has established that a waiver of the job offer requirement, and thus a labor certification, is in the national interest according to the three-pronged analysis set forth inNYSDOT.
Citation record not persuasiveArgued the field's importance, not the endeavor's - DismissedNIW · Motion to reopen & reconsider2014-12-15· old NYSDOT testOccupation not statedDEC152014_01B5203Engineering
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.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors - DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT testOccupation not statedAPR182014_03B5203Engineering
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 .
Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+1 more - DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT testOccupation not statedAPR182014_08B5203Engineering
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.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Motion to reopen & reconsider2013-02-20· old NYSDOT testEngineer scientistFEB202013_04B5203Engineering
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.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors