46 decisions
newest first- MotionNIW · Motion to reconsider2026-05-04Occupation not statedMAY042026_01B5203Computing, AI & data
Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner qualified for the classification as a member ofthe professions holding an advanced degree but did not establish that a waiver ofthe required job offer, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedSupport letters generic or unsupportedPlan or projections not corroboratedPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2025-06-05Entrepreneur in the field of production engineeringJUN052025_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner is eligible for a waiver ofthe job offer requirement in the national interest.
Degree not shown to be a U.S. advanced degree equivalentProposed endeavor too vaguePlan or projections not corroborated - 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 & reconsider2024-11-05Civil 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 reopen2024-10-31Petroleum engineerOCT312024_05B5203Engineering
The Director of the Texas Service Center denied the petition and the subsequent motion to reopen and reconsider, concluding the Petitioner had not established that eligibility for 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 vagueNo broader implications shownPlan or projections not corroboratedPast record does not show influence or success+1 more - DismissedNIW · Certification2024-09-19Information technology (IT) specialistSEP192024_04B5203Computing, AI & data
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.
Job creation or economic claims unsupportedFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sNo broader implications shown - MotionNIW · Motion to reopen2024-09-11Operations manager and automotive repair mechanicSEP112024_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner qualifies for the underlying EB-2 immigrant classification.
Plan or projections not corroborated - MotionNIW · Motion to reopen2024-07-01Engineer that will provide consulting services in areas of electrical engineering and technical salesJUL012024_05B5203Engineering
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 unsupportedNot eligible at the time of filingProposed endeavor too vagueNo broader implications shownPlan or projections not corroborated+1 more - DismissedNIW · Motion to reopen2023-12-12Business process engineerDEC122023_02B5203Engineering
2 (AAO 2015), we conclude that, while the Petitioner has established eligibility for the EB-2 visa category, he has not demonstrated the merits of his waiver request.
Job creation or economic claims unsupportedFive years of progressive experience not documented - 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 - MotionNIW · Motion to reopen & reconsider2023-03-27Software engineerMAR272023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility 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.
Exceptional ability not establishedFive years of progressive experience not documentedSupport letters generic or unsupportedNo broader implications shownPast record does not show influence or success - DismissedNIW · Motion to reopen2022-11-02Manufacturer of cleaning productsNOV022022_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner does not qualify for the underlying classification and 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 unsupportedProposed endeavor too vagueNo broader implications shownPlan or projections not corroborated - 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 - 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 - DismissedEB-2 · Certification2016-02-09· old NYSDOT testElectrical contractorFEB092016_07B5203Engineering
The Director determined that the Beneficiary did not qualify for classification as an advanced degree professional under section 203(b )(2) of the Act, or meet the minimum requirements on the labor certification to qualify for the job offered.
Claims not backed by documentsFive years of progressive experience not documented - 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 - DismissedEB-2 · Motion to reopen & reconsider2015-02-24· old NYSDOT testOccupation not statedFEB242015_02B5203Computing, AI & data
The Director found that the petitioner did not establish the beneficiary's five years of progressive post-bachelor work experience in the job offered or in an alternate occupation.
Five years of progressive experience not documentedSupport letters generic or unsupported - DismissedEB-2 · Motion to reopen & reconsider2015-01-20· old NYSDOT testOccupation not statedJAN202015_01B5203Engineering
The director found that the beneficiary did not meet the requirements for classification as an advanced degree professional.
Five years of progressive experience not documented - DismissedEB-2 · Motion to reopen & reconsider2014-12-24· old NYSDOT testOccupation not statedDEC242014_01B5203Engineering
The director's decision denying the petition states that the evidence submitted did not demonstrate that the beneficiary had 26 months of experience.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the record