142 decisions
newest first- DismissedNIW · Appeal2024-02-08Engineer and technologistFEB082024_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 national interest waiver as a matter of discretion.
Citation record not persuasiveProposed endeavor too vagueSupport letters generic or unsupportedPast record does not show influence or success - DismissedNIW · Appeal2024-01-23Senior hardware engineerJAN232024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, she 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 persuasiveJob creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueArgued the field's importance, not the endeavor's+4 more - 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 - DismissedNIW · Appeal2023-08-14Cybersecurity analystAUG142023_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies for EB-2 classification as an advanced degree professional but that the record did not establish that a waiver of the job offer requirement is in the national interest.
Citation record not persuasiveJob creation or economic claims unsupportedArgued the field's importance, not the endeavor'sNo broader implications shownPlan or projections not corroborated+1 more - DismissedNIW · Appeal2023-07-06Machine learning researcherJUL062023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2023-03-30Software engineerMAR302023_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner qualified as an advanced degree professional, he 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 persuasiveJob creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupported - DismissedNIW · Appeal2023-02-09Electrical engineerFEB092023_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that 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 persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2023-01-11Mechanical engineerJAN112023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that 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 persuasiveProposed endeavor too vagueSupport letters generic or unsupportedEvidence submitted too latePast 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 - DismissedNIW · Appeal2021-12-06Principal research engineerDEC062021_01B5203Engineering
Nevertheless,theDirectordenied the petition, concluding that the evidence did not establish that the proposed endeavor is of national importance,that he is well positioned to advance his endeavor, or that awaiver of the requirement of ajob offer would be in the national interest.
Citation record not persuasiveJob creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing - DismissedNIW · Appeal2021-09-30Systems engineerSEP302021_01B5203Engineering
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 persuasiveJob creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownNo interest from users, customers or investors+2 more - DismissedNIW · Appeal2021-09-15Project engineerSEP152021_04B5203Engineering
However, the Director denied the petition, concluding that the evidence did not establish that the Petitioner is well positioned to advance the proposed endeavor or that a waiver of the requirement of ajob offer, and thus a labor certification, would be in the national interest.
Citation record not persuasiveClaims not backed by documentsNot eligible at the time of filingNo broader implications shownNo interest from users, customers or investors+1 more - DismissedNIW · Appeal2021-09-02Software engineerSEP022021_03B5203Computing, 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.
Citation record not persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2021-08-18Postdoctoral fellow in chemical engineeringAUG182021_01B5203Engineering
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.
Citation record not persuasiveNot eligible at the time of filingEvidence submitted too latePast record does not show influence or success - DismissedNIW · Appeal2021-08-16Aerospace engineerAUG162021_01B5203Engineering
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.
Citation record not persuasiveArgued the field's importance, not the endeavor'sNo interest from users, customers or investors - DismissedNIW · Appeal2021-07-21Senior electrical engineerJUL212021_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish thatthe proposed endeavor was of substantial merit or national importance, thatthe Petitioner is well positioned to advance the proposed endeavor, or that a waiver of the required job offer, and thusofthelaborcertification,wouldbeinthenationalinterest.
Citation record not persuasiveClaims not backed by documentsJob creation or economic claims unsupportedSupport letters generic or unsupported - DismissedNIW · Appeal2021-05-14Chemical engineerMAY142021_04B5203Engineering
The Director ofthe Nebraska 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.
Citation record not persuasiveSupport letters generic or unsupportedPast record does not show influence or success - DismissedNIW · Appeal2021-05-10Microelectromechanical systems (MEMS) researcherMAY102021_02B5203Engineering
Specifically, the Director determined that although the Petitioner qualified 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 o f the labor certification, would be in the national interest.
Citation record not persuasiveNot eligible at the time of filingNo interest from users, customers or investorsPast record does not show influence or success - DismissedEB-2 · Appeal2021-04-07Senior SAS programmer analystAPR072021_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record establish that the Petitioner did not establish that a bona fide job offer of full-time permanent employment existed or that it intended to employ the Beneficiary in the offered position.
Citation record not persuasiveClaims not backed by documentsInconsistencies in the recordNo interest from users, customers or investors