113 decisions
newest first- DismissedNIW · Appeal2022-11-02Transportation engineerNOV022022_02B5203Engineering
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.
Job creation or economic claims unsupportedFive years of progressive experience not documentedInconsistencies in the recordDid not show the waiver outweighs labor certificationRelied on a labor shortage - DismissedNIW · Appeal2022-10-06Electrical engineer specializing in electric vehicle technologyOCT062022_01B5203Engineering
However, the Director noted that the letters of employment do not state the duties the Petitioner performed, and, therefore, he could not establish the five years of required post- baccalaureate experience in the specialty.
Claims not backed by documentsFive years of progressive experience not documentedDid not show the waiver outweighs labor certification - DismissedEB-2 · Appeal2022-08-23Application developerAUG232022_03B5203Computing, AI & data
The Director of the Nebraska Service Center revoked the approval of the petition, concluding that the job offered to the Beneficiary does not qualify for advanced degree professional classification.
Five years of progressive experience not documentedInconsistencies in the record - 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 - DismissedEB-2 · Appeal2022-08-09Software development and consulting businessAUG092022_01B5203Computing, AI & data
The Director also informed the Petitioner that the record did not establish its ability to pay the proffered wage, as it submitted only its 2010 federal income tax return with the petition, which was before the 2011 priority date.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordLabor certification not shown to be impractical - DismissedEB-2 · Appeal2022-07-08Automotive glass repair and replacement companyJUL082022_01B5203Engineering
After the filing's initial grant, the Director of the Nebraska Service Center revoked the petition's approval, concluding that the education requirements for the position, as described on the labor certification, do not meet the requirements of the requested classification.
Five years of progressive experience not documented - MotionNIW · Motion to reopen & reconsider2022-05-31Chemical engineerMAY312022_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies as a member of the professions holding an advanced degree 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 equivalentProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - DismissedNIW · Appeal2021-10-29Chemical engineerOCT292021_03B5203Engineering
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 - DismissedNIW · Appeal2021-09-07Occupation not statedSEP072021_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility as a member ofthe professions holding an advanced degree and that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - RemandedNIW · Appeal2021-08-24Software developerAUG242021_01B5203Computing, 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 - DismissedNIW · Appeal2021-08-03Software developerAUG032021_02B5203Computing, 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 - DismissedNIW · Appeal2021-07-20Chemical engineerJUL202021_08B5203Engineering
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 - RemandedEB-2 · Appeal2021-01-25IT consulting companyJAN252021_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the case for further consideration and the issuance of a new decision.
Five years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Appeal2020-10-06Information technology companyOCT062020_01B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the job offered to the Beneficiary does not qualify for advanced degree professional classification.
Five years of progressive experience not documented - DismissedEB-2 · Appeal2018-02-27Software development companyFEB272018_02B5203Computing, AI & data
the position will not qualify for advanced degree professional classification.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedEB-2 · Appeal2017-11-28ManufacturerNOV282017_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that based on the issuance date of the Beneficiary's bachelor's degree diploma, the Beneficiary could not show.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Appeal2017-07-27Information technology companyJUL272017_03B5203Computing, AI & data
The Nebraska Service Center Director denied the petitiOn, concluding that the record did not establish, as required, that the labor certification supported classification of the position in the advanced degree professional category because it stated education and experience requirements that could be read as requiring less than an advanced degree.
Five years of progressive experience not documented - RemandedEB-2 · Appeal2017-06-20Computer consulting businessJUN202017_01B5203Computing, AI & data
Upon de novo review, we will withdraw the decision of the Director and remand the matter for further proceedings consistent with the foregoing opinion and for the entry of a new decision.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Appeal2017-01-18Software development and support companyJAN182017_01B5203Computing, AI & data
The Director determined that the ETA Form 9089, Application for Permanent Employment Certification (labor certification), did not demonstrate that.
Five years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Appeal2016-06-02· old NYSDOT testInformation technology support and services companyJUN022016_01B5203Computing, AI & data
The Director found that the Beneficiary does not qualify for the classification of advanced degree professional because he does not have a foreign equivalent degree to a U.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented