317 decisions
newest first- DismissedEB-2 · Appeal2022-08-09Software development and consulting businessAUG092022_01B5203Computing, AI & data
The Director also informed the Petitioner that the record did not establish its ability to pay the proffered wage, as it submitted only its 2010 federal income tax return with the petition, which was before the 2011 priority date.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordLabor certification not shown to be impractical - DismissedEB-2 · Appeal2022-07-28Manufacturers' representative companyJUL282022_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that because the position requires only a bachelor's degree without any experience, the minimum requirements of the position do not qualify as an advanced degree.
- 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 - DismissedNIW · Appeal2022-07-25Occupation not statedJUL252022_01B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner had not established that he was an individual of exceptional ability or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Exceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedNo broader implications 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 - DismissedNIW · Appeal2022-05-09Information technology professionalMAY092022_02B5203Computing, AI & data
The Director of the Texas 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.
Exceptional ability not established - DismissedNIW · Appeal2022-03-03Geology researcherMAR032022_01B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding 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 persuasivePast record does not show influence or success - DismissedNIW · Appeal2021-12-17Engineering project managerDEC172021_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualifies as a member of the professions holding an advanced degree, the record did not establish that the proposed endeavor is of national importance, that he is well positioned to advance his endeavor, or that a waiver of the requirement of ajob offer would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established - DismissedNIW · Appeal2021-12-06Geophysicist engineerDEC062021_03B5203Engineering
Nevertheless, the Director denied the petition, concluding that the evidence did not establish that the proposed endeavor is of national importance or that a waiver of the requirement of ajob offer would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2021-10-29Chemical engineerOCT292021_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the substantial merit or national importance of the proposed endeavor or that the Petitioner is well positioned to advance it.
Exceptional ability not establishedFive years of progressive experience not documentedNo interest from users, customers or investors - DismissedNIW · Appeal2021-09-30Systems engineerSEP302021_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding 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 persuasiveJob creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownNo interest from users, customers or investors+2 more - DismissedNIW · Appeal2021-09-28Mechanical and aerospace engineerSEP282021_02B5203Engineering
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.
Support letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2021-09-21Occupation not statedSEP212021_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility for EB-2 classification and that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Exceptional ability not establishedSupport letters generic or unsupported - DismissedNIW · Appeal2021-09-15Project engineerSEP152021_04B5203Engineering
However, the Director denied the petition, concluding that the evidence did not establish that the Petitioner is well positioned to advance the proposed endeavor or that a waiver of the requirement of ajob offer, and thus a labor certification, would be in the national interest.
Citation record not persuasiveClaims not backed by documentsNot eligible at the time of filingNo broader implications shownNo interest from users, customers or investors+1 more - DismissedNIW · Appeal2021-09-07Occupation not statedSEP072021_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility as a member ofthe professions holding an advanced degree and that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedNIW · Appeal2021-09-02Software engineerSEP022021_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding 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 persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2021-08-25Designer and manufacturer of medical devicesAUG252021_01B5203Engineering
wmkers 1 2 Initially, the Director ruled that the Petitioner did not demonstrate the position's need for a member of the professions holdinganadvanceddegree.
- DismissedNIW · Appeal2021-08-18Postdoctoral fellow in chemical engineeringAUG182021_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding 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 persuasiveNot eligible at the time of filingEvidence submitted too latePast record does not show influence or success - DismissedNIW · Appeal2021-08-16Aerospace engineerAUG162021_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding 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 persuasiveArgued the field's importance, not the endeavor'sNo interest from users, customers or investors