152 decisions
newest first- DismissedNIW · Appeal2024-08-28Business executive and researcherAUG282024_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for the requested national interest waiver.
Claims not backed by documentsJob creation or economic claims unsupportedExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shown - DismissedNIW · Appeal2024-08-19Information technology service business owner and providerAUG192024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish 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 unsupportedFive years of progressive experience not documentedNo broader implications shownNo interest from users, customers or investorsPlan or projections not corroborated+2 more - DismissedNIW · Appeal2024-08-14Information technology consultant and analystAUG142024_10B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualified for EB-2 classification as an advanced degree professional or an individual of exceptional ability, and did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Exceptional ability not establishedNo interest from users, customers or investors - 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 · Appeal2024-08-05Computer systems analystAUG052024_04B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner had not established he was an individual of exceptional ability.
Exceptional ability not established - DismissedNIW · Appeal2024-08-01Cybersecurity consultantAUG012024_02B5203Computing, AI & data
The Director of the Nebraska 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.
- DismissedNIW · Appeal2024-07-17Entrepreneur in the information technology industryJUL172024_12B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that that the Petitioner qualified for classification as an individual of exceptional ability and a discretionary waiver of the job offer requirement, and thus a labor certification, was not merited upon application of the analytical framework we first explicated in Matter ofDhanasar, 26 I&N Dec.
Claims not backed by documentsExceptional ability not established - 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 · Appeal2024-06-21IT 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 · Appeal2024-05-14HairstylistMAY142024_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 · Appeal2024-04-15Software 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