323 decisions
newest first- MotionNIW · Motion to reconsider2023-08-16Drilling engineerAUG162023_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.
Job creation or economic claims unsupported - 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 reconsider2023-07-06Petroleum drilling engineerJUL062023_03B5203Engineering
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.
- MotionNIW · Motion to reconsider2023-05-12Civil engineerMAY122023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the national interest waiver.
Job creation or economic claims unsupportedNo broader implications shown - MotionNIW · Motion to reopen & reconsider2023-05-04Manufacturing business for cleaning productsMAY042023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Beneficiary did not qualify for the underlying classification and the record did not establish that the Petitioner is eligible for, or otherwise merits a national interest waiver as a matter of discretion.
Job creation or economic claims unsupported - MotionNIW · Motion to reopen & reconsider2023-04-05Avionics engineerAPR052023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
- DismissedNIW · Certification2023-04-05Occupation not statedAPR052023_06B5203Engineering
2 (AAO 2015), we conclude that the Petitioner has not demonstrated the national importance of her proposed U.
Evidence submitted too lateNo broader implications shownPast record does not show influence or success - 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 - MotionNIW · Motion to reopen & reconsider2023-03-22Computer science researcher and instructorMAR222023_05B5203Computing, AI & data
The Director of the Nebraska 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.
Claims not backed by documentsEvidence submitted too lateNo broader implications shown - RemandedNIW · Certification2023-03-17Provider of logistics software and servicesMAR172023_01B5203Computing, AI & data
We will therefore withdraw the Director's contrary decision and remand the matter for entry of a new decision consistent with the following analysis.
Relied on a labor shortage - DismissedNIW · Motion to reopen2023-03-13Information technology (IT) instructorMAR132023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
Job creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueNo broader implications shown - DismissedEB-2 · Motion to reopen2023-03-02Provider of information technology (IT) consulting servicesMAR022023_01B5203Computing, AI & data
On remand, the Director again revoked the petition's approval, this time concluding that the Petitioner did not demonstrate the Beneficiary's qualifying experience for the job.
Inconsistencies in the record - MotionNIW · Motion to reopen & reconsider2023-02-21Computer engineerFEB212023_01B5203Computing, AI & data
In addition, the Petitioner has not established that our previous decision that the appeal is moot because the Director approved the underlying petition was based on an incorrect application oflaw or policy and that it was incorrect based on the evidence then before us.
- MotionNIW · Motion to reopen & reconsider2023-02-07Manufacturer's representative companyFEB072023_03B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the offered position requires an advanced degree, which is required for classifying a beneficiary as an advanced degree professional.
- MotionNIW · Motion to reopen & reconsider2023-02-01Software developerFEB012023_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 equivalent - MotionNIW · Motion to reopen2023-01-05Engineer and project manager in the oil and gas industryJAN052023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that, although the Petitioner was an advanced degree professional and established eligibility for EB-2 classification, he had not demonstrated eligibility for a national interest waiver.
Not eligible at the time of filing - DismissedEB-2 · Motion to reopen2022-11-16IT services providerNOV162022_01B5203Computing, AI & data
In August 2021, the Texas Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers, concluding that the Petitioner did not establish its ability to pay the Beneficiary the offered wage.
- 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 & reconsider2022-10-05Occupation not statedOCT052022_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner qualifies for the underlying EB-2 classification, he had not established the national importance of the proposed endeavor, that he is well positioned to carry out the endeavor, or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more