114 decisions
newest first- DismissedNIW · Appeal2021-09-15Structural engineerSEP152021_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.
Tried to change the endeavor after filing - DismissedNIW · Appeal2021-09-15Mechanical engineering researcherSEP152021_13B5203Engineering
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.
Argued the field's importance, not the endeavor'sTried to change the endeavor after filing - DismissedNIW · Appeal2021-06-15Metallurgical engineerJUN152021_03B5203Engineering
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.
Labor certification not shown to be impracticalNo urgency shownDid not show the waiver outweighs labor certification - SustainedNIW · Appeal2021-04-15Civil engineerAPR152021_01B5203Engineering
CONCLUSION Because the Petitioner has met the three prongs ofthe Dhanasar analytical framework, we conclude that he has established eligibility for a national interest waiver as a matter of discretion.
Labor certification not shown to be impracticalPast record does not show influence or success - MotionNIW · Motion to reconsider2021-03-26Environmental engineer is aimedMAR262021_02B5203Engineering
The Director of the Nebraska 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.
Tried to change the endeavor after filing - RemandedEB-2 · Motion to reconsider2021-01-05Developer of software for online advertisingJAN052021_02B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the recordLabor certification not shown to be impractical - RemandedEB-2 · Motion to reopen2020-09-03Software developerSEP032020_02B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the recordLabor certification not shown to be impractical - SustainedNIW · Appeal2020-01-10Electrical engineering researcherJAN102020_02B5203Engineering
5 For the reasons discussed below, we find the Petitioner has established eligibility for a national interest waiver under the analytical framework set forth in Dhanasar.
Job creation or economic claims unsupportedLabor certification not shown to be impracticalNo urgency shown - RemandedEB-2 · Appeal2019-04-18Information technology consultancyAPR182019_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Labor certification not shown to be impractical - MotionEB-2 · Motion to reconsider2019-03-28Engineering consultation businessMAR282019_01B5203Engineering
We dismissed the Petitioner's appeal on the same ground, and on the additional ground that the evidence of record did not establish that the Beneficiary met the experience requirement of the labor certification.
Tried to change the endeavor after filing - DismissedNIW · Appeal2018-07-10Petroleum engineerJUL102018_01B5203Engineering
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, finding 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 persuasiveLabor certification not shown to be impracticalSupport letters generic or unsupportedNo broader implications shownNo interest from users, customers or investors+3 more - DismissedEB-2 · Appeal2018-04-26Provider of content management softwareAPR262018_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the proffered wage.
Labor certification not shown to be impracticalNo interest from users, customers or investors - DismissedNIW · Appeal2017-08-21Metallurgical engineerAUG212017_01B5203Engineering
The Director of the Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, finding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, but that she 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 documentsProposed endeavor too vagueInconsistencies in the recordLabor certification not shown to be impracticalNo broader implications shown+2 more - DismissedNIW · Appeal2016-08-22· old NYSDOT testAerospace engineerAUG222016_01B5203Engineering
He found that the Petitioner did not establish that a waiver of the job offer requirement is in the national interest.
Tried to change the endeavor after filingEvidence submitted too late