16 decisions
newest first- MotionNIW · Motion to reopen & reconsider2025-11-26Doctoral student and researcher in the artificial intelligence (Al) fieldNOV262025_01B5203Computing, AI & data
Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus ofa labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingLabor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shown+2 more - MotionNIW · Motion to reopen2025-09-29Doctoral student 1 and researcher in the area of civil engineeringSEP292025_09B5203Engineering
Service Center Operations (SCOPS) denied the petrt10n, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus of a labor certification, would be in the national interest.
Citation record not persuasiveLabor certification not shown to be impracticalSupport letters generic or unsupportedNo interest from users, customers or investorsNo urgency shown+2 more - DismissedNIW · Motion to reopen2025-09-03ResearcherSEP032025_01B5203Computing, AI & data
But it does not show the influence ofany particular author or otherwise demonstrate how an individual's research represents a record of success in their field.
Citation record not persuasivePast record does not show influence or success - 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 - MotionNIW · Motion to reopen & reconsider2024-08-07Civil engineerAUG072024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Petitioner had established eligibility for a national interest waiver.
Citation record not persuasiveNot eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reconsider2023-09-12Occupation not statedSEP122023_05B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding the Petitioner did not establish eligibility under the Dhanasar framework.
Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reconsider2023-08-22Electrical engineerAUG222023_01B5203Engineering
t The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualifies as an advanced degree professional, the Petitioner did not establish that a waiver of the job offer requirement is in the national interest.
Citation record not persuasiveClaims not backed by documents - MotionNIW · Motion2022-08-31ResearcherAUG312022_03B5203Engineering
We dismissed the subsequent appeal, concluding that though the record shows that the proposed endeavor would have substantial merit and 1 national importance, the Petitioner did not establish he is well-positioned to advance the endeavor.
Citation record not persuasiveInconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reopen2020-10-16Petroleum engineerOCT162020_04B5203Engineering
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 persuasiveNot eligible at the time of filingSupport letters generic or unsupportedPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2019-01-31Petroleum engineerJAN312019_02B5203Engineering
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 ofthe labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingNo broader implications shownPast record does not show influence or success - DismissedEB-2 · Motion to reopen2017-04-21Manufacturer of oil field equipmentAPR212017_01B5203Engineering
The Director determined that the Petitioner had not established its ability to pay the proffered wage from the priority date onward.
Citation record not persuasiveInconsistencies in the recordNo interest from users, customers or investors - MotionEB-2 · Motion to reopen & reconsider2015-12-09· old NYSDOT testSoftware engineerDEC092015_02B5203Computing, AI & data
0 • The Director concluded that the record at the time of the petition's approval did not establish the Petitioner's continuing ability to pay the Beneficiary's proffered wage.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documented - DismissedNIW · Motion to reopen & reconsider2014-12-15· old NYSDOT testOccupation not statedDEC152014_01B5203Engineering
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 offer would be in the national interest of the United States.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors - DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT testOccupation not statedAPR182014_03B5203Engineering
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 offer would be in the national interest of the United States .
Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+1 more - DismissedNIW · Motion to reopen & reconsider2014-04-18· old NYSDOT testOccupation not statedAPR182014_08B5203Engineering
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 offer would be in the national interest of the United States.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Motion to reopen & reconsider2013-02-20· old NYSDOT testEngineer scientistFEB202013_04B5203Engineering
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 offer would be in the national interest of the United States.
Citation record not persuasiveClaims not backed by documentsNo interest from users, customers or investors