203 decisions
newest first- DismissedNIW · Appeal2024-07-16Computer and information systems managerJUL162024_12B5203Computing, 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 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 unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown+2 more - DismissedNIW · Appeal2024-07-09Owner and operator of a dance studioJUL092024_09B5203Other / unclear
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not meet the criteria for an EB-2 immigrant classification as an individual of exceptional ability.
Job creation or economic claims unsupportedProposed endeavor too vaguePlan or projections not corroborated - DismissedNIW · Appeal2024-06-28Occupation not statedJUN282024_07B5203Other / unclear
The Director of the Texas Service Center denied the petition, concluding that the evidence did not establish the Petitioner's eligibility for the EB-2 classification as an advanced degree professional or an individual of exceptional ability and that a waiver of the required job offer, and therefore of the labor certification, would be in the national interest because she did not meet all three requisite prongs as set forth in Matter ofDhanasar, 26 l&N Dec.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupported - MotionNIW · Motion to reconsider2024-06-26Occupation not statedJUN262024_08B5203Other / unclear
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish his 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.
- DismissedNIW · Appeal2024-06-25Mechatronics engineerJUN252024_11B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner held an advanced degree, nor was he an individual of exceptional ability, nor that a waiver of the job offer requirement is in the national interest.
Claims not backed by documentsExceptional ability not established - DismissedNIW · Appeal2024-06-21IT project managerJUN212024_09B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner was an individual of exceptional ability and 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 broader implications shown - MotionNIW · Motion to reopen & reconsider2024-06-12Occupation not statedJUN122024_03B5203Other / unclear
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Proposed endeavor too vagueFive years of progressive experience not documentedInconsistencies in the recordNo broader implications shown - DismissedNIW · Appeal2024-06-11Occupation not statedJUN112024_01B5203Other / unclear
The Texas Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers (petition), concluding that the record did not establish that the Petitioner qualified for the underlying visa classification, nor did he merit a discretionary waiver of the job offer requirement in the national interest.
- DismissedNIW · Appeal2024-05-31Occupation not statedMAY312024_02B5203Other / unclear
The Nebraska Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers (petition), concluding the record did not establish that the Petitioner qualified for the underlying visa classification, nor did she merit a discretionary waiver of the job offer requirement in the national interest.
Claims not backed by documentsFive years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Appeal2024-05-23Occupation not statedMAY232024_06B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish that he qualified for the EB-2 classification as an individual of exceptional ability.
Exceptional ability not established - DismissedNIW · Appeal2024-05-16Occupation not statedMAY162024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that Petitioner qualifies as an advanced degree professional.
Job creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sNo broader implications shown+1 more - DismissedNIW · Appeal2024-05-14HairstylistMAY142024_03B5203Other / unclear
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 classification as an alien of exceptional ability or that the Petitioner was eligible for the requested national interest waiver.
Not eligible at the time of filingExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Appeal2024-05-14Software and web developerMAY142024_05B5203Computing, 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-2 classification.
Exceptional ability not establishedFive years of progressive experience not documented - RemandedNIW · Appeal2024-04-23Computer and information systems managerAPR232024_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2024-04-18Occupation not statedAPR182024_10B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish that the Petitioner qualified for classification as an employment based second preference permanent immigrant and a discretionary waiver of the job offer requirement, and thus a labor certification was not merited upon the application of the analytical framework we first explicated in Matter ofDhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedNIW · Appeal2024-04-15Software engineerAPR152024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement " in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - 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 · Appeal2024-02-27Electrical technicianFEB272024_11B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for the EB-2 exceptional ability classification or that a waiver of the job offer requirement would be in the national interest.
Exceptional ability not establishedInconsistencies in the recordNo broader implications shown - DismissedNIW · Appeal2024-02-07Industrial engineer and a business owner of a transportation companyFEB072024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility for the underlying EB-2 classification as a member of the professionals holding an advanced degree.
- DismissedNIW · Appeal2024-02-06Entrepreneur in information technologyFEB062024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish he was eligible for, and merited as a matter of discretion, a national interest waiver.
Job creation or economic claims unsupportedExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shown