147 decisions
newest first- DismissedNIW · Appeal2024-11-05Occupation not statedNOV052024_03B5203Computing, 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 as an alien of exceptional ability or that the Petitioner was eligible for the requested national interest waiver.
Benefits limited to an employer or its clientsExceptional ability not establishedSupport letters generic or unsupported - DismissedNIW · Motion to reopen2024-10-29Computer systems analystOCT292024_04B5203Computing, AI & data
The Director ofthe Texas Service Center denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.
Citation record not persuasiveExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedEvidence submitted too late+1 more - DismissedNIW · Appeal2024-09-30Self-enrichment teacherSEP302024_12B5203Education
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that she is an individual of exceptional ability.
Claims not backed by documentsNot eligible at the time of filingExceptional ability not establishedSupport letters generic or unsupportedEvidence submitted too late - DismissedNIW · Appeal2024-09-04Information technology specialistSEP042024_06B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate his eligibility for the underlying EB-2 immigrant classification or for the requested national interest waiver.
Exceptional ability not establishedInconsistencies in the record - DismissedNIW · Appeal2024-08-29Information technology (IT) professional consultantAUG292024_05B5203Computing, 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 did not qualify for the EB-2 classification and 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 unsupportedInconsistencies in the recordNo broader implications shownPlan or projections not corroborated+2 more - 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 · Appeal2024-07-19Preschool 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 · Appeal2024-07-17Entrepreneur 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 · Appeal2024-06-21IT 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 · Appeal2024-05-14Software 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