74 decisions
newest first- DismissedNIW · Appeal2024-03-11Computer systems engineer/architectMAR112024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the classification's job offer requirement, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueTried to change the endeavor after filingNo broader implications shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2024-02-22Civil engineerFEB222024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner merited a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingTried to change the endeavor after filingNo interest from users, customers or investors - DismissedNIW · Appeal2024-02-20Industrial engineerFEB202024_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner merited a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedArgued the field's importance, not the endeavor'sTried to change the endeavor after filingNo broader implications shownRelied on a labor shortage - DismissedNIW · Appeal2024-01-29Systems engineerJAN292024_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, he 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 unsupportedNot eligible at the time of filingProposed endeavor too vagueSupport letters generic or unsupported+4 more - DismissedNIW · Appeal2024-01-26Aeronautical engineerJAN262024_06B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner merited a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingTried to change the endeavor after filing - DismissedNIW · Appeal2023-11-22Occupation not statedNOV222023_03B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner merits a national interest waiver, as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filingNo broader implications shown - DismissedNIW · Appeal2023-10-26Computer network architectOCT262023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility under any of the three Dhanasar prongs.
Job creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not establishedFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+3 more - DismissedNIW · Appeal2023-10-05Software engineer and information technology specialistOCT052023_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for the EB-2 classification as a member of the professions holding an advanced degree, but the Petitioner had not established that a waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sTried to change the endeavor after filingNo broader implications shown - DismissedNIW · Appeal2023-09-27Civil engineerSEP272023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, 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 documentsJob creation or economic claims unsupportedNot eligible at the time of filingProposed endeavor too vagueArgued the field's importance, not the endeavor's+2 more - DismissedNIW · Appeal2023-07-31Industrial engineering expertJUL312023_02B5203Engineering
The Director of the Nebraska Service Center revoked the previously approved petition, 1 concluding that the Petitioner did not qualify for the EB-2 classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Job creation or economic claims unsupportedTried to change the endeavor after filing - DismissedNIW · Appeal2023-07-17Health and safety engineer in the field of occupational health and safety managementJUL172023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for a national interest waiver.
Job creation or economic claims unsupportedNot eligible at the time of filingProposed endeavor too vagueTried to change the endeavor after filingPast record does not show influence or success - DismissedNIW · Appeal2023-07-17Petroleum engineerJUL172023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedArgued the field's importance, not the endeavor'sTried to change the endeavor after filingPlan or projections not corroboratedRelied on a labor shortage - DismissedNIW · Appeal2023-07-07Instructional coordinatorJUL072023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualifies as an advanced degree professional but that the record did not establish that a waiver of the job offer requirement is in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing+2 more - DismissedNIW · Appeal2023-07-05Occupation not statedJUL052023_01B5203Engineering
The Director denied the petition, in part, concluding that the Petitioner had not demonstrated that he is well position to advance his initially proposed endeavor, which involved providing HVAC services through T- to small businesses.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingTried to change the endeavor after filing - DismissedNIW · Appeal2023-05-25EngineerMAY252023_11B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the national interest waiver.
Not eligible at the time of filingTried to change the endeavor after filing - DismissedNIW · Appeal2023-04-27Computer software engineerAPR272023_03B5203Computing, AI & data
The Director of the 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 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 unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsTried to change the endeavor after filing - DismissedNIW · Appeal2023-04-05Software developerAPR052023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner was eligible for or otherwise merited a national interest waiver.
Proposed endeavor too vagueTried to change the endeavor after filingNo broader implications shownRelied on a labor shortage - DismissedNIW · Appeal2023-03-20Electrical engineerMAR202023_01B5203Engineering
The Director ofthe Texas Service Center concluded that the Petitioner qualified for classification as an individual with an advanced degree, but denied the petition, concluding he did not establish that a waiver of the required job offer, and thus the labor certification, would be in the national interest.
Not eligible at the time of filingTried to change the endeavor after filing - RemandedEB-2 · Appeal2023-03-08Information technology businessMAR082023_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.
Inconsistencies in the recordTried to change the endeavor after filing - DismissedNIW · Appeal2023-02-08Information technology project managerFEB082023_01B5203Computing, AI & data
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 beinthenationalinterest.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsTried to change the endeavor after filingNo broader implications shown+1 more