147 decisions
newest first- DismissedNIW · Appeal2023-07-18Elementary school teacherJUL182023_05B5203Education
The Director concluded that although the Petitioner established eligibility for EB-2 classification as a member of the professions holding an advanced degree, the record did not demonstrate her eligibility for the requested national interest waiver.
Five years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupportedRelied on a labor shortage - DismissedNIW · Appeal2023-07-18Self-enrichment teacherJUL182023_06B5203Education
The Director concluded that although the Petitioner established eligibility for EB-2 classification as a member of the professions holding an advanced degree, the record did not demonstrate her eligibility for the requested national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedBenefits limited to an employer or its clientsExceptional ability not establishedSupport letters generic or unsupported+3 more - DismissedNIW · Appeal2023-07-17Occupation not statedJUL172023_01B5203Education
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for classification as a member of the professions holding an advanced degree or as an individual ofexceptional ability, and that he had not established that a waiver ofthe required job offer, and thus of the labor certification, would be in the national interest.
Claims not backed by documentsExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-06-08Operation specialistJUN082023_03B5203Education
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility as a member ofthe professions holding an advanced degree and 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 equivalentFive years of progressive experience not documented - DismissedNIW · Appeal2023-04-28GeologistAPR282023_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner met the initial evidentiary requirements for EB-2 classification as an individual of exceptional ability.
Exceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-04-26Language specialistAPR262023_01B5203Education
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedRelied on a labor shortage - DismissedNIW · Appeal2023-04-03Software engineerAPR032023_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record does not establish the Petitioner qualifies for classification as an individual of exceptional ability or, in the alternative, as a member of the professions holding an advanced degree.
- DismissedNIW · Appeal2023-03-07Travel agent/tour guideMAR072023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-03-06Education administratorMAR062023_02B5203Education
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish eligibility for a national interest waiver under the Dhanasar framework.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established - DismissedEB-2 · Appeal2023-03-02Education centerMAR022023_04B5203Education
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary met the minimum requirements for the offered position as stated on the labor certification.
- DismissedNIW · Appeal2023-01-26Postsecondary English language and literature teacherJAN262023_01B5203Education
TheDirectorfound that the position does not appear to require either an advanced degree or exceptional ability, that the Petitioner does not appear to possess either an advanced degree or exceptional ability, and 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.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established - DismissedNIW · Appeal2022-12-29General and operations professionalDEC292022_02B5203Education
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualified as a member of the professions holding an advanced degree or merited a national interest waiver.
Degree not shown to be a U.S. advanced degree equivalent - WithdrawnEB-2 · Appeal2022-12-07Computer software solutions businessDEC072022_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2022-11-22Quality control chemistNOV222022_02B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary has the requisite educational credential to qualify for classification as an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2022-11-18Math teacherNOV182022_01B5203Education
revoke (NOIR) approval of the petition, concluding that the Petitioner did not qualify for classification as a member of the professions holding an advanced degree.
Exceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2022-11-07Information technology (IT) directorNOV072022_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedExceptional ability not establishedFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+3 more - DismissedEB-2 · Appeal2022-09-29Professional service providerSEP292022_01B5203Education
We note that the even if the Petitioner had requested the correct classification on the Form I-140, it has not established eligibility for the requested benefit in all aspects.
Degree not shown to be a U.S. advanced degree equivalent - DismissedNIW · Appeal2022-08-23Computer engineerAUG232022_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsExceptional ability not established+6 more - DismissedEB-2 · Appeal2022-08-09Software development and consulting businessAUG092022_01B5203Computing, AI & data
The Director also informed the Petitioner that the record did not establish its ability to pay the proffered wage, as it submitted only its 2010 federal income tax return with the petition, which was before the 2011 priority date.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordLabor certification not shown to be impractical - MotionNIW · Motion to reopen & reconsider2022-08-03Occupation not statedAUG032022_01B5203Education
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not qualify for the underlying 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.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedEvidence submitted too late