22 decisions

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Failed Step 0 Five years of progressive experience not documented Engineering Clear all

DismissedNIW · Appeal2026-07-07
Electrical engineerJUL072026_06B5203
Engineering
USCIS denied the petition, concluding that although the Petitioner qualified for the EB-2 classification as an advanced degree professional, the record does not establish that he is eligible for, and merits as a matter of discretion, a national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo broader implications shown+1 more
DismissedNIW · Appeal2026-03-30
Industrial engineerMAR302026_02B5203
Engineering
Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner did not establish eligibility for the 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 unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shownDid not show the waiver outweighs labor certification+1 more
DismissedNIW · Appeal2026-02-25
Chief executive officer of a civil engineering and project planning companyFEB252026_07B5203
Engineering
Service Center Operations (SCOPS) denied the petition, concluding the record did not establish that a waiver of the required job offer, and thus of a labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown
DismissedNIW · Appeal2025-04-14
Electrical engineerAPR142025_02B5203
Engineering
The Director of the Texas Service Center denied the petition, concluding 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.
Claims not backed by documentsJob creation or economic claims unsupportedFive years of progressive experience not documentedInconsistencies in the recordNo broader implications shown+3 more
DismissedNIW · Appeal2024-10-02
Safety engineerOCT022024_04B5203
Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner's eligibility for the requested national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+2 more
DismissedNIW · Appeal2024-08-22
Occupation not statedAUG222024_05B5203
Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner established her eligibility for the EB-2 classification as a member of the professions holding an advanced degree, she did not show that a waiver of the required job offer, and thus 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 vagueExceptional ability not establishedFive years of progressive experience not documented+4 more
DismissedNIW · Appeal2024-05-16
Occupation not statedMAY162024_02B5203
Engineering
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 · Appeal2024-04-18
Occupation not statedAPR182024_10B5203
Engineering
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 · Appeal2023-09-26
Electrical and automation engineerSEP262023_06B5203
Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner's endeavor would have national importance, that the Petitioner is wellpositioned to advance that endeavor, or that, on balance, it would benefit the United States to waive the job offer requirement.
Claims not backed by documentsJob creation or economic claims unsupportedNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported
DismissedNIW · Appeal2023-09-18
Plastic packaging manufacturerSEP182023_06B5203
Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary did not qualify for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Exceptional ability not establishedFive years of progressive experience not documentedNo broader implications shown
DismissedNIW · Appeal2023-06-20
Mechanical engineerJUN202023_02B5203
Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that he was eligible for, and otherwise merited as a matter of discretion, a national interest waiver.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsFive years of progressive experience not documentedSupport letters generic or unsupported+1 more
DismissedNIW · Appeal2023-06-13
Operations manager and automotive repair mechanicJUN132023_05B5203
Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the underlying EB-2 immigrant classification.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented
DismissedNIW · Appeal2023-01-11
EngineerJAN112023_02B5203
Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility under the Dhanasar framework.
Not eligible at the time of filingProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown
DismissedNIW · Appeal2022-10-06
Electrical engineer specializing in electric vehicle technologyOCT062022_01B5203
Engineering
However, the Director noted that the letters of employment do not state the duties the Petitioner performed, and, therefore, he could not establish the five years of required post- baccalaureate experience in the specialty.
Claims not backed by documentsFive years of progressive experience not documentedDid not show the waiver outweighs labor certification
DismissedNIW · Appeal2021-10-29
Chemical engineerOCT292021_03B5203
Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the substantial merit or national importance of the proposed endeavor or that the Petitioner is well positioned to advance it.
Exceptional ability not establishedFive years of progressive experience not documentedNo interest from users, customers or investors
DismissedNIW · Appeal2021-07-20
Chemical engineerJUL202021_08B5203
Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor or that the Petitioner is well positioned to advance the proposed endeavor.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not established+3 more
DismissedEB-2 · Appeal2017-11-28
ManufacturerNOV282017_01B5203
Engineering
The Director of the Nebraska Service Center denied the petition, concluding that based on the issuance date of the Beneficiary's bachelor's degree diploma, the Beneficiary could not show.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record
DismissedEB-2 · Certification2016-02-09· old NYSDOT test
Electrical contractorFEB092016_07B5203
Engineering
The Director determined that the Beneficiary did not qualify for classification as an advanced degree professional under section 203(b )(2) of the Act, or meet the minimum requirements on the labor certification to qualify for the job offered.
Claims not backed by documentsFive years of progressive experience not documented
DismissedNIW · Motion to reopen & reconsider2013-11-27· old NYSDOT test
Occupation not statedNOV272013_04B5203
Engineering
The director determined that the petitioner had not established that it had the continuing ability to pay the beneficiary the proffered wage beginning on the priority date of the visa petition.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordEvidence submitted too late
DismissedEB-2 · Motion to reopen & reconsider2013-09-04· old NYSDOT test
Occupation not statedSEP042013_02B5203
Engineering
Since Part H-14 provides that an individual can qualify for the offered position with less than a baccalaureate followed by five years of progressive experience in the specialty, the petition does not qualify for advanced degree professional classification.
Five years of progressive experience not documentedInconsistencies in the record