317 decisions
newest first- DismissedNIW · Appeal2021-08-12Petroleum engineerAUG122021_04B5203Engineering
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.
Support letters generic or unsupportedPast record does not show influence or success - 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 · Appeal2021-08-10GastroenterologistAUG102021_03B5203Engineering
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.
Past record does not show influence or success - DismissedNIW · Appeal2021-08-09Industrial chemistAUG092021_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 persuasiveEvidence submitted too latePast record does not show influence or success - 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 · Appeal2021-07-20Chemical engineerJUL202021_08B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor or that the Petitioner is well positioned to advance the proposed endeavor.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not established+3 more - RemandedNIW · Appeal2021-07-15Flight simulator engineerJUL152021_01B5203Engineering
Upon de nova review, we will withdraw the Director's decision and remand the matter for further consideration and the entry of a new decision consistent with the following analysis.
Exceptional ability not established - DismissedEB-2 · Appeal2021-06-30Product engineering and consulting businessJUN302021_01B5203Engineering
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary has the requisite experience to qualify for the proffered position under the terms of the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - 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 · Appeal2021-05-14Chemical engineerMAY142021_04B5203Engineering
The Director ofthe Nebraska 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.
Citation record not persuasiveSupport letters generic or unsupportedPast record does not show influence or success - 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 · Appeal2021-05-10Microelectromechanical systems (MEMS) researcherMAY102021_02B5203Engineering
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 o f the labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingNo interest from users, customers or investorsPast 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 · Appeal2021-02-26Aerospace engineerFEB262021_04B5203Engineering
The Director ofthe Nebraska 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.
Citation record not persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2021-01-27Electrical engineerJAN272021_05B5203Engineering
The Director ofthe Nebraska 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.
Citation record not persuasiveNo interest from users, customers or investorsPast record does not show influence or success - 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 - DismissedNIW · Appeal2020-12-28Electric car system engineerDEC282020_01B5203Engineering
The Director ofthe Nebraska 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.
Job creation or economic claims unsupportedNo interest from users, customers or investors - MotionNIW · Motion to reopen2020-10-16Petroleum engineerOCT162020_04B5203Engineering
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 persuasiveNot eligible at the time of filingSupport letters generic or unsupportedPast record does not show influence or success