104 decisions
newest first- DismissedNIW · Appeal2024-04-18Occupation not statedAPR182024_10B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish that the Petitioner qualified for classification as an employment based second preference permanent immigrant and a discretionary waiver of the job offer requirement, and thus a labor certification was not merited upon the application of the analytical framework we first explicated in Matter ofDhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedNIW · Appeal2024-04-15Software engineerAPR152024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement " in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2024-03-29Cybersecurity director/entrepreneurMAR292024_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Petitioner qualified for classification and that a discretionary waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNo broader implications shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2024-01-25Software quality analyst and testerJAN252024_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the EB-2 classification as an individual of exceptional ability, or that he merits a national interest waiver as a matter of discretion.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2024-01-05Information technology (IT) analyst/entrepreneurJAN052024_06B5203Computing, AI & data
But the Director concluded that the Petitioner did not demonstrate the requested waiver's merits.
Degree not shown to be a U.S. advanced degree equivalentNo interest from users, customers or investorsPlan or projections not corroborated - DismissedNIW · Appeal2023-12-12Occupation not statedDEC122023_05B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar analytical framework, as a matter of discretion.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documentedInconsistencies in the record+1 more - DismissedNIW · Appeal2023-11-27Occupation not statedNOV272023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-11-01Human development specialistNOV012023_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner established eligibility for the underlying second preference classification, she did not establish eligibility for a national interest waiver under the framework outlined in Matter of Dhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Appeal2023-07-14Computer and information systems managerJUL142023_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that, although the record demonstrates the Petitioner's eligibility for EB-2 classification as an advanced degree professional, he did not establish 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 equivalentJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown+1 more - DismissedNIW · Appeal2023-07-05Occupation not statedJUL052023_01B5203Engineering
The Director denied the petition, in part, concluding that the Petitioner had not demonstrated that he is well position to advance his initially proposed endeavor, which involved providing HVAC services through T- to small businesses.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingTried to change the endeavor after filing - DismissedNIW · Appeal2023-07-03Computer systems engineer/entrepreneurJUL032023_01B5203Computing, 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 a labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNo broader implications shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2023-06-13Operations manager and automotive repair mechanicJUN132023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the underlying EB-2 immigrant classification.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-04-18Eyeglass manufacturerAPR182023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish either the Beneficiary's qualification for the EB-2 immigrant classification or that a waiver ofthe classification's job offer requirement would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established - DismissedNIW · Appeal2023-03-07Travel agent/tour guideMAR072023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - RemandedNIW · Appeal2023-02-22Marketing and data analytics consultantFEB222023_01B5203Computing, AI & data
2 (AAO 2015), we conclude that a remand is warranted in this case because the Director's decision is insufficient for review.
Degree not shown to be a U.S. advanced degree equivalent - DismissedNIW · Appeal2023-02-14Civil engineerFEB142023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner qualifies for classification as a member ofthe professions holding an advanced degree or, in the alternative, as an individual of exceptional ability.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown+1 more - 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 - WithdrawnEB-2 · Appeal2022-12-07Computer software solutions businessDEC072022_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Appeal2022-11-07Information technology (IT) directorNOV072022_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedExceptional ability not establishedFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+3 more - DismissedNIW · Appeal2022-08-23Computer engineerAUG232022_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsExceptional ability not established+6 more