35 decisions
newest first- DismissedNIW · Appeal2025-11-17Machine learning scientistNOV172025_01B5203Computing, AI & data
While we acknowledge some ofthe en-ors the Petitioner raises in his appeal, we ultimately agree with SCOPS' conclusion that he has not demonstrated eligibility for this NIW petition.
Citation record not persuasiveClaims not backed by documentsProposed endeavor too vagueInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2025-06-27Artificial intelligence (Al) researcherJUN272025_02B5203Computing, AI & data
SCOPS denied the petition, concluding that the record did not establish that the Petitioner is eligible for a national interest waiver.
Inconsistencies in the recordLabor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shownPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2025-01-23Consultant and/or advisor in the field of electronic engineering (cybersecurity)JAN232025_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he merited a waiver of the job offer and labor certification requirements for EB-2 classification.
Claims not backed by documentsInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2024-12-10Computer science lecturer and network implementation consultantDEC102024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for the EB-2 visa classification as an advanced degree professional, he had not established eligibility for the national interest waiver.
Citation record not persuasiveProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+3 more - 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 · Appeal2024-09-04Information technology specialistSEP042024_06B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate his eligibility for the underlying EB-2 immigrant classification or for the requested national interest waiver.
Exceptional ability not establishedInconsistencies in the record - 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 · Appeal2024-08-13Information 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 · Appeal2024-05-21Musician and software engineerMAY212024_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordDid not show the waiver outweighs labor certificationRelied on a labor shortage - MotionNIW · Motion to reopen2024-04-25ResearcherAPR252024_01B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but 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.
Inconsistencies in the record - RemandedNIW · Appeal2024-04-02Computer network and maintenance technicianAPR022024_03B5203Computing, 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.
Inconsistencies in the record - DismissedNIW · Appeal2023-12-12Occupation not statedDEC122023_05B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar analytical framework, as a matter of discretion.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documentedInconsistencies in the record+1 more - DismissedNIW · Appeal2023-10-03Occupation not statedOCT032023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he is an individual of exceptional ability or that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordNo interest from users, customers or investorsNo urgency shown+3 more - WithdrawnEB-2 · Appeal2022-12-07Computer software solutions businessDEC072022_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2022-11-22Quality control chemistNOV222022_02B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary has the requisite educational credential to qualify for classification as an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2022-11-07Information technology (IT) directorNOV072022_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedExceptional ability not establishedFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+3 more - 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 - 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 - DismissedNIW · Appeal2021-08-11Occupation not statedAUG112021_07B5203Computing, AI & data
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.
Job creation or economic claims unsupportedArgued the field's importance, not the endeavor'sInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2021-06-30Software developer and entrepreneurJUN302021_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as 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.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record