13 decisions
newest first- MotionNIW · Motion to reconsider2026-05-04Occupation not statedMAY042026_01B5203Computing, AI & data
Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner qualified for the classification as a member ofthe professions holding an advanced degree but did not establish that a waiver ofthe required job offer, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedSupport letters generic or unsupportedPlan or projections not corroboratedPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2025-10-24Occupation not statedOCT242025_01B5203Engineering
Service Center Operations (SCOPS) 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.
Claims not backed by documentsJob creation or economic claims unsupportedSupport letters generic or unsupportedNo broader implications shown - MotionNIW · Motion to reopen2025-09-29Doctoral student 1 and researcher in the area of civil engineeringSEP292025_09B5203Engineering
Service Center Operations (SCOPS) denied the petrt10n, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus of a labor certification, would be in the national interest.
Citation record not persuasiveLabor certification not shown to be impracticalSupport letters generic or unsupportedNo interest from users, customers or investorsNo urgency shown+2 more - MotionNIW · Motion to reopen2025-02-10Industrial engineer and entrepreneurFEB102025_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner established that he qualified for EB-2 classification as an advanced degree professional but that he had not established that a discretionary waiver of the job offer requirement, and thus of a labor certification, would be in the national interest.
Support letters generic or unsupportedNo broader implications shown - MotionNIW · Motion to reconsider2024-10-17Occupation not statedOCT172024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Petitioner is eligible for, and merits as a matter of discretion, a national interest waiver.
Proposed endeavor too vagueArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedRelied on a labor shortage - MotionNIW · Motion to reopen & reconsider2024-05-15Occupation not statedMAY152024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish the proposed endeavor's national importance or that a waiver of the requirement of a job offer would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingProposed endeavor too vagueSupport letters generic or unsupported - MotionEB-2 · Motion to reopen2023-09-18Provider of information technology consulting servicesSEP182023_03B5203Computing, AI & data
On remand, the Director again revoked the petition's approval, finding that the Petitioner did not demonstrate the Beneficiary's qualifying experience for the job.
Inconsistencies in the recordSupport letters generic or unsupported - 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 reconsider2023-07-07Senior 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 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 & 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 - MotionNIW · Motion to reopen2020-10-16Petroleum engineerOCT162020_04B5203Engineering
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 persuasiveNot eligible at the time of filingSupport letters generic or unsupportedPast record does not show influence or success - MotionNIW · Motion to reopen2015-08-25· old NYSDOT testOccupation not statedAUG252015_01B5203Engineering
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