227 decisions
newest first- DismissedNIW · Appeal2024-01-17Occupation not statedJAN172024_04B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility as a member of the professions holding an advanced degree or 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 unsupportedInconsistencies in the recordNo broader implications shownRelied on a labor shortage - RemandedNIW · Appeal2024-01-12Civil engineerJAN122024_06B5203Engineering
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 - 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 · Appeal2023-12-12Occupation not statedDEC122023_05B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar analytical framework, as a matter of discretion.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documentedInconsistencies in the record+1 more - DismissedNIW · Appeal2023-11-22Occupation not statedNOV222023_03B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner merits a national interest waiver, as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filingNo broader implications shown - DismissedNIW · Motion to reopen2023-10-30Manufacturing engineering managerOCT302023_03B5203Engineering
The Director considered the motion but ultimately redenied the petition, determining that while the Petitioner satisfied Dhanasar 's second prong, he did not meet the first and third prongs of the Dhanasar framework and was therefore ineligible for a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedInconsistencies in the record - DismissedNIW · Appeal2023-10-20Electronics engineerOCT202023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the national interest waiver.
Job creation or economic claims unsupportedInconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2023-10-03Occupation not statedOCT032023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he is an individual of exceptional ability or that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordNo interest from users, customers or investorsNo urgency shown+3 more - DismissedNIW · Appeal2023-09-28Civil engineerSEP282023_09B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for or otherwise merits a national interest waiver as a matter of discretion.
Claims not backed by documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sInconsistencies in the recordPlan or projections not corroborated+2 more - MotionNIW · Motion to reopen2023-09-27Production engineer in the oil and gas industrySEP272023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he qualifies for EB-2 classification as a member of the professions holding an advanced degree or that he is eligible for a national interest waiver.
Job creation or economic claims unsupportedInconsistencies in the record - DismissedNIW · Appeal2023-09-26Computer systems consultant and entrepreneurSEP262023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, he 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 documentsJob creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - MotionEB-2 · Motion to reopen2023-09-18Provider of information technology consulting servicesSEP182023_03B5203Computing, AI & data
On remand, the Director again revoked the petition's approval, finding that the Petitioner did not demonstrate the Beneficiary's qualifying experience for the job.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Appeal2023-09-15Chemical engineer and researcherSEP152023_01B5203Engineering
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 a labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordNo broader implications shownNo interest from users, customers or investors - DismissedNIW · Appeal2023-09-13Drilling engineer in the oil and gas fieldSEP132023_09B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
Claims not backed by documentsJob creation or economic claims unsupportedBenefits limited to an employer or its clientsArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - DismissedNIW · Appeal2023-09-05Petroleum engineer in the oil and gas fieldSEP052023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+1 more - RemandedEB-2 · Motion to reopen2023-07-21Software development companyJUL212023_01B5203Computing, AI & data
[p2] the motion to reopen, withdraw the Director's decision, and remand the matter for entry of a new decision consistent with the following analysis.
Five years of progressive experience not documentedInconsistencies in the record - MotionNIW · Motion to reconsider2023-07-07Senior software developerJUL072023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, 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.
Not eligible at the time of filingProposed endeavor too vagueInconsistencies in the recordSupport letters generic or unsupportedPlan or projections not corroborated - DismissedNIW · Appeal2023-07-07Instructional coordinatorJUL072023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualifies as an advanced degree professional but that the record did not establish that a waiver of the job offer requirement is in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing+2 more - DismissedNIW · Appeal2023-05-16Real estate developerMAY162023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the national interest waiver.
Job creation or economic claims unsupportedInconsistencies in the recordRelied on a labor shortage - DismissedNIW · Appeal2023-05-08Civil engineerMAY082023_02B5203Engineering
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.
Five years of progressive experience not documentedInconsistencies in the recordDid not show the waiver outweighs labor certification