162 decisions
newest first- DismissedNIW · Appeal2021-08-03Software developerAUG032021_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 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 establishedFive years of progressive experience not documented - 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 - RemandedNIW · Appeal2021-06-28Materials scientistJUN282021_01B5203Physical sciences & math
Upon de nova review, we will withdraw the Director's decision and remand the matter for the entry of a new decision consistent with the following analysis.
Citation record not persuasivePast record does not show influence or success - DismissedNIW · Appeal2021-06-25Occupation not statedJUN252021_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that although the Beneficiary qualified for classification as an individual of exceptional ability, the Petitioner had not established that the Beneficiary is well positioned to advance the proposed endeavor or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Not eligible at the time of filingExceptional ability not establishedArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+3 more - DismissedNIW · Appeal2021-05-10Materials chemistry researcherMAY102021_01B5203Physical sciences & math
Specifically, the Director determined that although the Petitioner qualified 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.
Citation record not persuasiveNot eligible at the time of filingPast record does not show influence or success - 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 · Appeal2021-01-19Physics researcherJAN192021_03B5203Physical 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 persuasive - DismissedEB-2 · Appeal2020-10-01Social network websiteOCT012020_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary met the minimum experience and special skills requirements of the labor certification.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Appeal2020-07-23Organic chemistry researcherJUL232020_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 be 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 · Appeal2020-07-21Computer engineering researcherJUL212020_04B5203Computing, AI & data
The Director ofthe 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 he had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
No interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2020-01-28Optical physics researcherJAN282020_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 he had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Past record does not show influence or success - DismissedNIW · Appeal2019-03-12Mathematics teacher and education researcherMAR122019_03B5203Physical sciences & math
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, and a subsequent motion, finding that the Petitioner qualified 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.
Citation record not persuasiveBenefits limited to an employer or its clientsNo broader implications shownPast record does not show influence or success - 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 - DismissedEB-2 · Appeal2018-01-19Senior software engineerJAN192018_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the Beneficiary's possession ofthe minimum education required for the offered position.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - DismissedEB-2 · Appeal2018-01-19Provider of software development and testing servicesJAN192018_04B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the Beneficiary's possession of the minimum education required for the oflered position.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_05B5203Computing, 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.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - DismissedEB-2 · Appeal2017-12-21Software developerDEC212017_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition on the ground that Petitioner did not establish that the Beneficiary met the minimum experience requirement of the labor certification.
Inconsistencies in the record - DismissedEB-2 · Motion to reopen2017-09-29Software development and consulting companySEP292017_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possesses a foreign degree that is equivalent to a U.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedEB-2 · Appeal2017-07-27Software applications development businessJUL272017_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition after determining that, based on the issuance date of the Beneficiary's university statement of marks, the Petitioner had not shown that he had the five years of post-baccalaureate experience required to establish the equivalent of an 1 advanced degree.