40 decisions
newest first- DismissedNIW · Appeal2025-04-14Information technology (IT) professionalAPR142025_01B5203Computing, 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 and that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Inconsistencies in the recordLabor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shownDid not show the waiver outweighs labor certification+1 more - DismissedNIW · Appeal2025-03-05Research scientist in computer v1s10n and artificial intelligence (Al)MAR052025_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the Petitioner qualified for EB-2 classification as a member of the professions holding an advanced degree, but did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Labor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2025-01-30Occupation not statedJAN302025_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary qualified for classification as a member of the professions holding an advanced degree, but that the Petitioner had not established that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueLabor certification not shown to be impracticalNo broader implications shownNo urgency shown+1 more - MotionNIW · Motion to reopen & reconsider2025-01-23Consultant and/or advisor in the field of electronic engineering (cybersecurity)JAN232025_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he merited a waiver of the job offer and labor certification requirements for EB-2 classification.
Claims not backed by documentsInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2024-09-30Civil engineer and entrepreneurSEP302024_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for the underlying EB-2 classification, but that she had not established that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
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+5 more - DismissedNIW · Appeal2024-04-04Information security consultantAPR042024_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that she was eligible for the requested classification or that a waiver of the classification's job offer requirement, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueArgued the field's importance, not the endeavor'sLabor certification not shown to be impractical+2 more - DismissedEB-2 · Appeal2024-03-27Information technology solutions providerMAR272024_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary possesses the minimum requirements for the offered position as stated on the labor certification.
Not eligible at the time of filingInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2024-03-07Engineer specializing in operations managementMAR072024_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the classification's job offer requirement, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueLabor certification not shown to be impracticalNo broader implications shownNo urgency shown+1 more - DismissedNIW · Appeal2023-12-13Software developerDEC132023_03B5203Computing, AI & data
The Acting Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the classification's job offer requirement, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the record+4 more - DismissedNIW · Appeal2023-12-01Industrial engineerDEC012023_02B5203Engineering
The Acting Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the classification's job offer requirement, and thus of the labor certification, would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sLabor certification not shown to be impractical+3 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 - DismissedNIW · Appeal2021-06-15Metallurgical engineerJUN152021_03B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies for classification as a member ofthe professions holding an advanced degree, but 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.
Labor certification not shown to be impracticalNo urgency shownDid not show the waiver outweighs labor certification - SustainedNIW · Appeal2021-04-15Civil engineerAPR152021_01B5203Engineering
CONCLUSION Because the Petitioner has met the three prongs ofthe Dhanasar analytical framework, we conclude that he has established eligibility for a national interest waiver as a matter of discretion.
Labor certification not shown to be impracticalPast record does not show influence or success - RemandedEB-2 · Motion to reconsider2021-01-05Developer of software for online advertisingJAN052021_02B5203Computing, 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.
Inconsistencies in the recordLabor certification not shown to be impractical - RemandedEB-2 · Motion to reopen2020-09-03Software developerSEP032020_02B5203Computing, 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.
Inconsistencies in the recordLabor certification not shown to be impractical - SustainedNIW · Appeal2020-01-10Electrical engineering researcherJAN102020_02B5203Engineering
5 For the reasons discussed below, we find the Petitioner has established eligibility for a national interest waiver under the analytical framework set forth in Dhanasar.
Job creation or economic claims unsupportedLabor certification not shown to be impracticalNo urgency shown - RemandedEB-2 · Appeal2019-04-18Information technology consultancyAPR182019_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.
Labor certification not shown to be impractical - DismissedNIW · Appeal2018-07-10Petroleum engineerJUL102018_01B5203Engineering
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, finding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but 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 persuasiveLabor certification not shown to be impracticalSupport letters generic or unsupportedNo broader implications shownNo interest from users, customers or investors+3 more - DismissedEB-2 · Appeal2018-04-26Provider of content management softwareAPR262018_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the proffered wage.
Labor certification not shown to be impracticalNo interest from users, customers or investors - DismissedNIW · Appeal2017-08-21Metallurgical engineerAUG212017_01B5203Engineering
The Director of the Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, finding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that she had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Claims not backed by documentsProposed endeavor too vagueInconsistencies in the recordLabor certification not shown to be impracticalNo broader implications shown+2 more