15 decisions
newest first- DismissedNIW · Appeal2026-07-16Artificial intelligence (AI) researcherJUL162026_02B5203Computing, AI & data
USCIS 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.
Citation record not persuasiveExceptional ability not establishedNo interest from users, customers or investors - DismissedNIW · Appeal2026-06-08Logistics analystJUN082026_01B5203Business & finance
SCOPS denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the record - DismissedNIW · Appeal2026-05-18Industrial machinery mechanicMAY182026_01B5203Trades & services
SCOPS denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.
Citation record not persuasiveExceptional ability not establishedSupport letters generic or unsupported - DismissedNIW · Appeal2026-01-28Ph.D. studentJAN282026_03B5203Education
Service Center Operations (SCOPS) denied the petition, concluding the Petitioner had not established eligibility as an individual of exceptional ability and a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Citation record not persuasiveSupport letters generic or unsupported - DismissedNIW · Appeal2025-01-06UniversityJAN062025_01B5203Other / unclear
The Director concluded that the Petitioner did not demonstrate the Beneficiary's eligibility for Schedule A designation.
Citation record not persuasiveNo interest from users, customers or investors - 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 · Appeal2024-08-26Climate scientistAUG262024_12B5203Energy, environment & agriculture
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 that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Citation record not persuasiveClaims not backed by documentsJob creation or economic claims unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2024-08-16General and operations manager in the manufacturing industryAUG162024_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record 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.
Citation record not persuasiveClaims not backed by documentsExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shown+1 more - DismissedNIW · Appeal2024-02-21Restaurant managerFEB212024_01B5203Business & finance
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for either of the two EB-2 classifications.
Citation record not persuasiveClaims not backed by documentsPast record does not show influence or success - DismissedNIW · Appeal2022-05-25Physical therapistMAY252022_01B5203Clinical & health
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.
Citation record not persuasiveJob creation or economic claims unsupportedProposed endeavor too vagueEvidence submitted too late - DismissedEB-2 · Appeal2018-01-26IT services companyJAN262018_02B5203Computing, AI & data
If the labor certification allows for less than an advanced degree, the position will not qualify for EB-2 classification.
Citation record not persuasiveInconsistencies in the record - DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_01B5203Computing, AI & data
The Director found that the evidence of record did not establish that the Beneficiary met the minimum educational requirements for the offered position.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingDid not show the waiver outweighs labor certification - DismissedEB-2 · Motion to reopen & reconsider2014-12-02· old NYSDOT testOccupation not statedDEC022014_03B5203Education
Based on the inconsistency between the evaluation and the author's notes section of the EDGE report that accompanied it, the Director concluded that the record did not establish the beneficiary's possession of the required degree in a field specified by the labor certification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingInconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Motion to reopen & reconsider2013-02-19· old NYSDOT testOccupation not statedFEB192013_07B5203Law & policy
The director also found that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest ofthe United States.
Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+2 more - DismissedNIW · Motion to reopen & reconsider2013-01-29· old NYSDOT testOccupation not statedJAN292013_08B5203Law & policy
The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job o~fer would be in the national interest ofthe United States.
Citation record not persuasiveArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success