PetitionLens

76 decisions

newest first
  1. DismissedEB-2 · Appeal2022-08-25
    Research and manufacturing businessAUG252022_02B5203
    Engineering

    5, Schedule A, Group IL The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary satisfied at least two of the seven evidentiary criteria at 20 C.

    Exceptional ability not establishedSupport letters generic or unsupportedEvidence submitted too late
  2. DismissedNIW · Appeal2022-08-23
    Computer engineerAUG232022_06B5203
    Computing, 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
  3. DismissedNIW · Appeal2022-07-25
    Occupation not statedJUL252022_01B5203
    Computing, AI & data

    The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner had not established that he was 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.

    Exceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedNo broader implications shown
  4. DismissedNIW · Appeal2022-05-09
    Information technology professionalMAY092022_02B5203
    Computing, AI & data

    The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for classification as an individual of exceptional ability, and 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.

    Exceptional ability not established
  5. MotionNIW · Motion to reopen & reconsider2022-04-05
    Software developerAPR052022_01B5203
    Computing, AI & data

    The Director of the 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 requiredjoboffer,andthusofthelaborcertification,wouldbeinthenationalinterest.

    Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the record
  6. DismissedNIW · Appeal2021-12-17
    Engineering project managerDEC172021_01B5203
    Engineering

    The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualifies as a member of the professions holding an advanced degree, the record did not establish that the proposed endeavor is of national importance, that he is well positioned to advance his endeavor, or that a waiver of the requirement of ajob offer would be in the national interest.

    Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established
  7. DismissedNIW · Appeal2021-10-29
    Chemical engineerOCT292021_03B5203
    Engineering

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish the substantial merit or national importance of the proposed endeavor or that the Petitioner is well positioned to advance it.

    Exceptional ability not establishedFive years of progressive experience not documentedNo interest from users, customers or investors
  8. DismissedNIW · Appeal2021-09-21
    Occupation not statedSEP212021_02B5203
    Computing, 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 establishedSupport letters generic or unsupported
  9. RemandedNIW · Appeal2021-08-24
    Software developerAUG242021_01B5203
    Computing, AI & data

    Upon de nova review, we will withdraw the Director's decision and remand the matter for further review of the record and issuance of a new decision.

    Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented
  10. DismissedNIW · Appeal2021-08-03
    Software developerAUG032021_02B5203
    Computing, AI & data

    The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for classification as an individual of exceptional ability and had not established 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 documented
  11. DismissedNIW · Appeal2021-07-20
    Chemical engineerJUL202021_08B5203
    Engineering

    The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor or that the Petitioner is well positioned to advance the proposed endeavor.

    Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not established+3 more
  12. RemandedNIW · Appeal2021-07-15
    Flight simulator engineerJUL152021_01B5203
    Engineering

    Upon de nova review, we will withdraw the Director's decision and remand the matter for further consideration and the entry of a new decision consistent with the following analysis.

    Exceptional ability not established
  13. DismissedNIW · Appeal2021-04-15
    Software developerAPR152021_03B5203
    Computing, AI & data

    The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner met the initial evidentiary requirement for an individual of exceptional ability by meeting at least three of the six evidentiary criteria under 8 C.

    Proposed endeavor too vagueExceptional ability not establishedArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+3 more
  14. DismissedEB-2 · Appeal2017-07-27
    Database administratorJUL272017_01B5203
    Computing, AI & data

    The Director concluded that, contrary to the requirements of the offered position and the requested classification, the record did not establish the Beneficiary's possession of at least five years ofpost-baccalaureate experience.

    Exceptional ability not established
  15. MotionNIW · Motion to reopen2015-08-25· old NYSDOT test
    Occupation not statedAUG252015_01B5203
    Engineering

    The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.

    Not eligible at the time of filingExceptional ability not establishedSupport letters generic or unsupported
  16. UnknownEB-2 · Motion to reopen & reconsider2013-06-20· old NYSDOT test
    Occupation not statedJUN202013_03B5203
    Computing, AI & data

    The director found that "the beneficiary has not met all of the terms listed on the application for labor certification" and that "the beneficiary cannot be found to be qualified for the position.

    Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedPast record does not show influence or success