238 decisions
newest first- 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 - 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 - DismissedNIW · Appeal2023-03-07Civil engineerMAR072023_03B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility as either an advanced degree professional or an individual of exceptional 1 ability.
Support 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 · Appeal2023-01-31Electronic engineering technicianJAN312023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that that the Petitioner had not established eligibility as an individual of exceptional ability and that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Support letters generic or unsupportedNo broader implications shownPast 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 - DismissedNIW · Appeal2023-01-09Mechatronics engineerJAN092023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but 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 unsupportedProposed endeavor too vagueSupport letters generic or unsupportedPast record does not show influence or success - DismissedNIW · Appeal2022-12-22Drilling engineerDEC222022_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record established that the Petitioner qualified for classification as a member of the professions holding an advanced degree but 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 unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo broader implications shown - 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 · Appeal2022-09-29EngineerSEP292022_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification as a member of the professions holding an advanced degree but 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.
Claims not backed by documentsJob creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueSupport letters generic or unsupported+1 more - DismissedEB-2 · Appeal2022-08-25Research and manufacturing businessAUG252022_02B5203Engineering
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 - DismissedNIW · Appeal2022-07-25Occupation not statedJUL252022_01B5203Computing, 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 - 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 · Appeal2021-09-28Mechanical and aerospace engineerSEP282021_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies for classification as a member ofthe 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.
Support letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2021-09-21Occupation not statedSEP212021_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 establishedSupport letters generic or unsupported - DismissedNIW · Appeal2021-08-12Petroleum engineerAUG122021_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.
Support letters generic or unsupportedPast record does not show influence or success - 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 - DismissedEB-2 · Appeal2021-05-04Computer research scientistMAY042021_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate the Beneficiary's possession of an educational degree in the field of study required for the offered position.
Support letters generic or unsupportedEvidence submitted too late - DismissedEB-2 · Motion to reopen2021-02-16Software development companyFEB162021_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not establish its continuing ability to pay the Beneficiary the proffered wage from the priority date.
Claims not backed by documentsInconsistencies in the recordSupport letters generic or unsupportedPlan or projections not corroborated