26 decisions
newest first- MotionNIW · Motion to reopen2026-07-20Industrial engineerJUL202026_01B5203Engineering
Citizenship and Immigration Service (USCIS) denied the petition, concluding 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.
No interest from users, customers or investorsPast record does not show influence or success - 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 - SustainedNIW · Motion to reconsider2025-07-02Researcher in the field of communications and networking technologiesJUL022025_02B5203Engineering
Accordingly, we conclude that he has established his eligibility for the EB-2 classification and that he merits a waiver of that classifications job offer requirement, and thus of a labor certification.
Labor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shownDid not show the waiver outweighs labor certification - DismissedNIW · Motion to reopen2025-05-30Data scientist/researcherMAY302025_04B5203Computing, AI & data
In July 2023, Service Center Operations (SCOPS) denied the petition, concluding the Petitioner did not demonstrate her eligibility for a national interest waiver.
Proposed endeavor too vagueSupport letters generic or unsupportedEvidence submitted too lateNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Motion to reopen2024-12-03Software developerDEC032024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record established the Petitioner's exceptional ability, but did not establish that he qualifies for the national interest waiver.
Job creation or economic claims unsupportedProposed endeavor too vagueTried to change the endeavor after filingNo interest from users, customers or investorsPlan or projections not corroborated+1 more - MotionNIW · Motion to reopen & reconsider2024-11-05Cyber-physical system consultant who claims that he is also an entrepreneurNOV052024_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the Petitioner had not established a waiver of the required job offer, and thus of the labor certification, would be in the national interest, and affirmed the denial on a subsequent motion to reopen and reconsider.
Not eligible at the time of filingEvidence submitted too lateNo interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2024-11-05Civil engineerNOV052024_02B5203Engineering
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 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'sNo broader implications shownNo interest from users, customers or investorsPlan or projections not corroborated - 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 - SustainedNIW · Motion to reopen & reconsider2024-04-16Mechanical and aerospace engineerAPR162024_01B5203Engineering
We conclude that he has established he is eligible for and otherwise merits a national interest waiver as a matter of discretion.
No interest from users, customers or investorsPast record does not show influence or success - 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 · 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 reopen & reconsider2022-07-21Mechanical and aerospace engineerJUL212022_02B5203Engineering
The Director o f the Nebraska Service Center denied the petition, determining that while the Petitioner qualifies 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.
Inconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - MotionEB-2 · Motion to reopen & reconsider2018-08-14Software development and IT consulting companyAUG142018_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary had the requisite educational degree to meet the requirements ofthe labor certification and to qualify for advanced degree professional classification.
No interest from users, customers or investors - 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 - DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT testResearcherAPR222015_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.
Not eligible at the time of filingArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT testOccupation not statedAPR222015_02B5203Computing, AI & data
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.
Claims not backed by documentsArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Motion to reopen & reconsider2015-01-16· old NYSDOT testOccupation not statedJAN162015_01B5203Engineering
The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.
Support letters generic or unsupportedNo interest from users, customers or investors - 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 & reconsider2014-12-08· old NYSDOT testOccupation not statedDEC082014_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.
Claims not backed by documentsNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors