227 decisions
newest first- UnknownEB-2 · Certification2022-06-03Software engineerJUN032022_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the combined proffered wages of this and other Form 1-140 petitions.
Inconsistencies in the record - MotionNIW · Motion to reopen & reconsider2022-05-31Chemical engineerMAY312022_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies as a member of the professions holding an advanced degree or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - MotionNIW · Motion to reopen & reconsider2022-04-05Software developerAPR052022_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability or that a waiver of the requiredjoboffer,andthusofthelaborcertification,wouldbeinthenationalinterest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the record - DismissedNIW · Appeal2022-01-24Information technology specialistJAN242022_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner 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 of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordNo broader implications shown - MotionNIW · Motion to reopen2021-12-30Research coordinatorDEC302021_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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.
Not eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - DismissedNIW · Appeal2021-12-06Principal research engineerDEC062021_01B5203Engineering
Nevertheless,theDirectordenied the petition, concluding that the evidence did not establish that the proposed endeavor is of national importance,that he is well positioned to advance his endeavor, or that awaiver of the requirement of ajob offer would be in the national interest.
Citation record not persuasiveJob creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing - DismissedNIW · Appeal2021-12-06Geophysicist engineerDEC062021_03B5203Engineering
Nevertheless, the Director denied the petition, concluding that the evidence did not establish that the proposed endeavor is of national importance or that a waiver of the requirement of ajob offer would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sInconsistencies in the recordPast record does not show influence or success - MotionNIW · Motion to reopen2021-11-30Research coordinatorNOV302021_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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.
Not eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - SustainedEB-2 · Appeal2021-11-03Software development and consulting businessNOV032021_02B5203Computing, AI & dataInconsistencies in the record
- DismissedNIW · Appeal2021-09-30Systems engineerSEP302021_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that 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 persuasiveJob creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownNo interest from users, customers or investors+2 more - DismissedNIW · Appeal2021-08-24Occupation not statedAUG242021_04B5203Engineering
The Director ofthe Nebraska Service Center denied the petition, concluding 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.
Job creation or economic claims unsupportedInconsistencies in the recordNo broader implications shown - DismissedNIW · Appeal2021-08-11Occupation not statedAUG112021_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that 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.
Job creation or economic claims unsupportedArgued the field's importance, not the endeavor'sInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2021-06-30Software developer and entrepreneurJUN302021_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - DismissedNIW · Appeal2021-06-25Occupation not statedJUN252021_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that although the Beneficiary qualified for classification as an individual of exceptional ability, the Petitioner had not established that the Beneficiary is well positioned to advance the proposed endeavor or 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 filingExceptional ability not establishedArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+3 more - RemandedNIW · Appeal2021-06-21Occupation not statedJUN212021_03B5203Computing, AI & data
Upon de novo review, we will withdraw the Director's decision and remand the matter for further review of the record and issuance of a new decision.
Inconsistencies in the record - DismissedEB-2 · Appeal2021-04-22ComputerAPR222021_01B5203Computing, AI & data
The Director concluded that he erred in approving the petition, finding that the Petitioner did not demonstrate the Beneficiary's possession of the minimum employment experience required for the offered position or the requested immigrant visa classification.
Claims not backed by documentsInconsistencies in the record - DismissedEB-2 · Appeal2021-04-07Senior SAS programmer analystAPR072021_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record establish that the Petitioner did not establish that a bona fide job offer of full-time permanent employment existed or that it intended to employ the Beneficiary in the offered position.
Citation record not persuasiveClaims not backed by documentsInconsistencies in the recordNo interest from users, customers or investors - RemandedEB-2 · Appeal2021-03-23Big data engineerMAR232021_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision.
Not eligible at the time of filingInconsistencies in the record - DismissedEB-2 · Motion to reopen2021-02-16Software development companyFEB162021_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not establish its continuing ability to pay the Beneficiary the proffered wage from the priority date.
Claims not backed by documentsInconsistencies in the recordSupport letters generic or unsupportedPlan or projections not corroborated - RemandedEB-2 · Appeal2021-01-25IT consulting companyJAN252021_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the case for further consideration and the issuance of a new decision.
Five years of progressive experience not documentedInconsistencies in the record