354 decisions
newest first- MotionNIW · Motion to reopen & reconsider2024-10-01Construction manager and civil engineerOCT012024_05B5203Engineering
As noted above, the prior motion to reconsider's untimeliness may be excused ifthe delay was reasonable and beyond the Petitioner's control; however, the record at the time of our prior decision does not establish that the submission delay was either reasonable or beyond the Petitioner's control.
- DismissedNIW · Motion to reopen & reconsider2024-10-01Occupation not statedOCT012024_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 immigrant classification or that the Petitioner was eligible for the requested national interest waiver.
Job creation or economic claims unsupportedProposed endeavor too vagueNo broader implications shownDid not show the waiver outweighs labor certificationRelied on a labor shortage - MotionNIW · Motion to reopen & reconsider2024-09-30GeologistSEP302024_17B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner met the initial evidentiary requirements for EB-5 classification as an individual of exceptional ability.
Not eligible at the time of filingSupport letters generic or unsupported - MotionNIW · Motion to reopen & reconsider2024-09-26Computer engineer and IT consultantSEP262024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Petitioner is eligible for the requested national interest waiver.
Job creation or economic claims unsupportedNo broader implications shown - MotionNIW · Motion to reopen & reconsider2024-09-24Production engineering consultantSEP242024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner is eligible for a waiver ofthe job offer requirement in the national interest.
Proposed endeavor too vagueEvidence submitted too late - MotionNIW · Motion to reconsider2024-09-19Industrial and quality engineerSEP192024_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for the underlying EB-2 classification or that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Inconsistencies in the record - DismissedNIW · Certification2024-09-19Information technology (IT) specialistSEP192024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish 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 unsupportedFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sNo broader implications shown - MotionNIW · Motion to reconsider2024-09-18Power systems engineerSEP182024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Petitioner qualified for EB-2 visa classification and that a discretionary waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Inconsistencies in the record - MotionNIW · Motion to reopen & reconsider2024-09-16Software developer and an entrepreneurSEP162024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
- DismissedNIW · Motion to reopen2024-09-13Researcher within the field of quantum mathematicsSEP132024_03B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility for a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Proposed endeavor too vagueSupport letters generic or unsupported - MotionNIW · Motion to reopen2024-09-11Operations manager and automotive repair mechanicSEP112024_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish that the Petitioner qualifies for the underlying EB-2 immigrant classification.
Plan or projections not corroborated - RemandedNIW · Motion to reopen & reconsider2024-09-03Chemist and materials scientistSEP032024_05B5203Physical sciences & math
Upon de novo review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
- MotionNIW · Motion to reconsider2024-08-19Cyber security professionalAUG192024_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he warranted a waiver of the job offer and labor certification requirements for EB-2 classification.
Proposed endeavor too vagueArgued the field's importance, not the endeavor's - MotionNIW · Motion to reopen & reconsider2024-08-07Civil engineerAUG072024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Petitioner had established eligibility for a national interest waiver.
Citation record not persuasiveNot eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reopen & reconsider2024-08-05Aviation engineer and flight instructorAUG052024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish 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 filingTried to change the endeavor after filing - RemandedNIW · Motion to reopen & reconsider2024-08-05Sound engineer technicianAUG052024_07B5203Engineering
Upon de novo review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
- MotionNIW · Motion to reopen & reconsider2024-08-05Mathematics teacherAUG052024_08B5203Physical sciences & math
A motion that does not satisfy the applicable requirements must be dismissed.
- MotionNIW · Motion to reopen & reconsider2024-07-30Aircraft mechanical maintenance specialistJUL302024_12B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish eligibility for anational interest waiver.
Tried to change the endeavor after filing - MotionNIW · Motion to reopen2024-07-30Cybersecurity entrepreneurJUL302024_15B5203Computing, AI & data
The Director of the Texas Service Center denied the Petitioner's Form 1-140, Immigrant Petition for Alien Workers, concluding that the Petitioner did not establish that he was a member ofthe professions holding an advanced degree or their equivalent, or was an individual of exceptional ability.
- MotionNIW · Motion to reopen & reconsider2024-07-18Aeronautical engineerJUL182024_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for EB-2 classification as an advanced degree professional, but did not establish 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 vagueNo broader implications shown