323 decisions
newest first- RemandedNIW · Motion to reopen2024-04-04Data scientist/researcherAPR042024_07B5203Computing, AI & data
Upon de novo review, we will withdraw the Director's decision and remand the matter for entry of a new decision.
Job creation or economic claims unsupportedProposed endeavor too vague - MotionNIW · Motion to reopen & reconsider2024-03-18Occupation not statedMAR182024_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the job offer, and thus of the labor certification, would be in the national interest.
Relied on a labor shortage - MotionNIW · Motion to reopen & reconsider2024-03-14Occupation not statedMAR142024_09B5203Engineering
The Director concluded that although the Petitioner established eligibility for EB-2 classification as a member of the professions holding an advanced degree, the record did not demonstrate his eligibility for the requested national interest waiver.
Job creation or economic claims unsupportedNo broader implications shown - MotionNIW · Motion to reopen & reconsider2024-02-08Software engineerFEB082024_01B5203Computing, 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.
- DismissedNIW · Motion to reopen2024-01-29Computer science research assistantJAN292024_01B5203Computing, AI & data
The Director of the Nebraska 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 unsupportedNo broader implications shown - MotionNIW · Motion to reopen2024-01-25Industrial engineering professor and researcherJAN252024_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that her proposed endeavor is of national importance, and therefore that she did not merit a national interest waiver as a matter of discretion.
Not eligible at the time of filing - MotionNIW · Motion to reopen2023-12-27Information technology (IT) entrepreneurDEC272023_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish: (1) the national importance of his proposed endeavor, and (2) that, on balance, the United States would benefit from waiving the job offer requirement.
Proposed endeavor too vagueNo broader implications shown - MotionNIW · Motion to reconsider2023-12-27Information technology (IT) entrepreneurDEC272023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish: (1) the national importance of his proposed endeavor, and (2) that, on balance, the United States would benefit from waiving the job offer requirement.
Relied on a labor shortage - DismissedNIW · Motion to reopen2023-12-21Civil works project managerDEC212023_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for or otherwise merits a discretionary waiver of the job offer requirement " in the national interest" .
- 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 - MotionNIW · Motion to reopen & reconsider2023-12-12Computer systems engineer and an entrepreneurDEC122023_04B5203Computing, 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 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 unsupportedNo broader implications shown - MotionNIW · Motion to reopen & reconsider2023-11-07Electrical engineer and assistant project managerNOV072023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record established the Petitioner qualified for the classification as a member of the professions holding an advanced degree, but had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Proposed endeavor too vague - 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 - MotionNIW · Motion to reopen & reconsider2023-10-06Electronics manufacturer's representativeOCT062023_01B5203Engineering
Department ofLabor does not demonstrate the offered job's need for an advanced degree professional.
- 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 - MotionNIW · Motion to reconsider2023-09-22Civil and mechanical engineerSEP222023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record established that the Petitioner qualified for the classification as an advanced degree professional, but did not establish that a waiver of the required job offer is in the national interest.
No broader implications shown - 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 - MotionNIW · Motion to reopen & reconsider2023-09-12Mechanical engineerSEP122023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the job offer requirement, and thus of the labor certification, would be in the national interest.
- 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