193 decisions
newest first- 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 · Appeal2024-08-01Entrepreneur in the field of industrial and technical furniture manufacturingAUG012024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement "in the national interest.
Exceptional ability not establishedSupport letters generic or unsupported - DismissedNIW · Appeal2024-07-19Preschool and drama teacherJUL192024_01B5203Education
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible as an individual of exceptional ability or that she merits a national interest waiver as a matter of discretion.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedEvidence submitted too late - DismissedNIW · Appeal2024-07-19Occupation not statedJUL192024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 immigrant classification as an individual of exceptional ability.
Exceptional ability not establishedSupport letters generic or unsupportedEvidence submitted too late - 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 · Appeal2024-07-03TeacherJUL032024_03B5203Education
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not shown that a waiver of the required job offer, and thus of the labor certification, would be in the national interest because the record did not establish that: the Petitioner's proposed endeavor has national importance, the Petitioner is well-positioned to advance the endeavor, or, on balance, a waiver is beneficial.
Job creation or economic claims unsupportedNo broader implications shown - 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 - DismissedNIW · Appeal2024-06-17PhysiotherapistJUN172024_08B5203Education
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for the requested EB-2 visa classification and she also did not establish eligibility for a national interest waiver under the analytical framework set forth in Matter ofDhanasar, 26 I&N Dec.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Appeal2024-06-12Occupation not statedJUN122024_04B5203Education
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he qualifies for the underlying EB-2 classification or 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 documented - 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 · Appeal2024-05-14Software 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 · Appeal2024-04-16Art 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