147 decisions
newest first- DismissedNIW · Appeal2024-04-16Art teacherAPR162024_04B5203Education
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies as an individual of exceptional ability or as a member of the professions holding an advanced degree.
Exceptional ability not establishedFive 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 · Appeal2024-03-04Violinist and music instructorMAR042024_01B5203Education
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 as an alien of exceptional ability or that the Petitioner was eligible for the requested national interest waiver.
Claims not backed by documentsExceptional ability not established - 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 - DismissedNIW · Appeal2024-01-30Real estate developer and entrepreneurJAN302024_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that 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.
Not eligible at the time of filingProposed endeavor too vagueSupport letters generic or unsupported - DismissedNIW · Appeal2024-01-25Software quality analyst and testerJAN252024_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the EB-2 classification as an individual of exceptional ability, or that he merits a national interest waiver as a matter of discretion.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2024-01-10Skydiving instructorJAN102024_02B5203Education
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner's proposed endeavor would have national importance or that, on balance, it would benefit the United States to waive the job offer requirement.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sRelied on a labor shortage - DismissedNIW · Appeal2024-01-10Occupation not statedJAN102024_07B5203Education
The Director of the Texas Service Center denied the petition, concluding that the record did not establish, in part, that the Petitioner qualified for the EB-2 immigrant classification as a member of the professions holding an advanced degree.
Five years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Appeal2024-01-09Legal services providerJAN092024_03B5203Education
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for the underlying EB-2 classification or her eligibility under any of the three prongs in the analytical framework set forth in the Matter of Dhanasar, 26 l&N Dec.
Proposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown - DismissedNIW · Appeal2023-12-19PhysiotherapistDEC192023_01B5203Education
The Director of the Nebraska 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.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedInconsistencies in the record+6 more - DismissedNIW · Appeal2023-12-14Occupation not statedDEC142023_05B5203Education
The Director concluded that the record does not establish the Petitioner qualifies for classification as a member of the professions holding an advanced degree or, in the alternative, as an individual of exceptional ability.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingProposed endeavor too vagueExceptional ability not establishedFive years of progressive experience not documented+1 more - 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 · Appeal2023-11-29Information technology (IT) project managerNOV292023_03B5203Computing, 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 EB-2 classification or for a national interest waiver.
Exceptional ability not established - DismissedNIW · Appeal2023-11-29Information security analyst in the cybersecurity fieldNOV292023_10B5203Computing, AI & data
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 a member of the professions holding an advanced degree or as an individual of exceptional ability.
Five years of progressive experience not documentedEvidence submitted too late - DismissedNIW · Appeal2023-11-27Occupation not statedNOV272023_04B5203Computing, 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 EB-2 classification or for a national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-11-27Occupation not statedNOV272023_05B5203Education
The Director concluded that the record did not demonstrate the Petitioner merits a discretionary waiver of the job offer requirement in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueNo broader implications shownPlan or projections not corroboratedDid not show the waiver outweighs labor certification+1 more - DismissedNIW · Appeal2023-11-01Human development specialistNOV012023_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner established eligibility for the underlying second preference classification, she did not establish eligibility for a national interest waiver under the framework outlined in Matter of Dhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported - 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 - DismissedNIW · Appeal2023-09-13Cybersecurity technology entrepreneurSEP132023_07B5203Computing, 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.
Claims not backed by documentsProposed endeavor too vagueFive years of progressive experience not documentedSupport letters generic or unsupported