249 decisions
newest first- 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 · Appeal2021-06-25Occupation not statedJUN252021_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that although the Beneficiary qualified for classification as an individual of exceptional ability, the Petitioner had not established that the Beneficiary is well positioned to advance the proposed endeavor or 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 filingExceptional ability not establishedArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+3 more - 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 - DismissedNIW · Appeal2021-04-28Analytical chemistAPR282021_01B5203Physical sciences & math
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.
Not eligible at the time of filingProposed endeavor too vagueSupport letters generic or unsupportedNo interest from users, customers or investors - 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 - MotionNIW · Motion to reopen2020-10-16Petroleum engineerOCT162020_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.
Citation record not persuasiveNot eligible at the time of filingSupport letters generic or unsupportedPast record does not show influence or success - DismissedEB-2 · Appeal2020-10-01Social network websiteOCT012020_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary met the minimum experience and special skills requirements of the labor certification.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2019-04-16Semiconductor manufacturerAPR162019_01B5203Engineering
The Director concluded that the Petitioner did not demonstrate the Beneficiary's possession of the minimum employment experience and skills required for the offered position.
Support letters generic or unsupported - 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 · Appeal2018-04-26Roofing companyAPR262018_02B5203Engineering
The Acting Director of the Texas Service Center subsequently revoked the approval of the petition, concluding that based on inconsistencies in the record, the Petitioner did not establish that the Beneficiary possessed the experience required by the labor certification as of the priority date.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Motion to reopen2017-10-23Background check companyOCT232017_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Beneficiary possessed the required experience and skills for the protTered pos1t10n.
Support letters generic or unsupported - RemandedEB-2 · Appeal2017-04-27Provider of information technology servicesAPR272017_01B5203Computing, AI & data
Upon de novo review, we will withdraw the Director's decision and remand the matter for further proceedings consistent with the following opinion and for the entry of a new decision.
Degree not shown to be a U.S. advanced degree equivalentSupport letters generic or unsupported - SustainedNIW · Appeal2016-07-06· old NYSDOT testSenior engineer working on wireless communications technologyJUL062016_01B5203Engineering
The Petitioner in this case has established by a preponderance of the evidence that he qualifies as an advanced degree professional, and that a waiver of the job offer requirement will be in the national interest of the United States.
Argued the field's importance, not the endeavor'sSupport letters generic or unsupportedPast record does not show influence or success - MotionNIW · Motion to reopen2015-08-25· old NYSDOT testOccupation not statedAUG252015_01B5203Engineering
The director found that the petitioner has not established that he qualifies for classification as an alien of exceptional ability, and therefore declined to make a determination as to whether an exemption from the requirement of a job offer would be in the national interest of the United States.
Not eligible at the time of filingExceptional ability not establishedSupport letters generic or unsupported - DismissedEB-2 · Motion to reopen & reconsider2015-02-24· old NYSDOT testOccupation not statedFEB242015_02B5203Computing, AI & data
The Director found that the petitioner did not establish the beneficiary's five years of progressive post-bachelor work experience in the job offered or in an alternate occupation.
Five years of progressive experience not documentedSupport letters generic or unsupported