82 decisions
newest first- 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 - DismissedNIW · Appeal2023-01-11Civil engineerJAN112023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that a waiver of the job offer requirement would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingProposed endeavor too vagueTried to change the endeavor after filingNo broader implications shown - SustainedEB-2 · Appeal2022-12-14Senior software engineerDEC142022_02B5203Computing, AI & dataInconsistencies in the recordTried to change the endeavor after filing
- DismissedNIW · Appeal2022-11-02Database engineerNOV022022_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that while the record showed that the Petitioner qualified as a member ofthe professions holding an advanced degree, it did not establish that a waiver of the job offer requirement of that visa classification would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedTried to change the endeavor after filingNo interest from users, customers or investorsNo urgency shown+1 more - DismissedEB-2 · Appeal2022-08-23Senior software engineerAUG232022_02B5203Computing, AI & data
However, while the job duties of the offered position vary only slightly from those certified by DOL, the record does not establish that the requirements remain the same.
Inconsistencies in the recordTried to change the endeavor after filing - 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 - RemandedNIW · Appeal2022-03-24Occupation not statedMAR242022_01B5203Engineering
Upon de novo review, we will withdraw the Director's decision and remand the matter for further review of the record and issuance of a new decision.
Not eligible at the time of filingTried to change the endeavor after filing - MotionNIW · Motion to reopen2021-12-30Research coordinatorDEC302021_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 she 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 filingInconsistencies in the recordTried to change the endeavor after filing - DismissedNIW · Appeal2021-12-06Principal research engineerDEC062021_01B5203Engineering
Nevertheless,theDirectordenied the petition, concluding that the evidence did not establish that the proposed endeavor is of national importance,that he is well positioned to advance his endeavor, or that awaiver of the requirement of ajob offer would be in the national interest.
Citation record not persuasiveJob creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reopen2021-11-30Research coordinatorNOV302021_02B5203Computing, 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 she 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 filingInconsistencies in the recordTried to change the endeavor after filing - 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 - 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 - 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