226 decisions
newest first- MotionNIW · Motion to reopen & reconsider2024-02-08Software engineerFEB082024_01B5203Computing, 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.
- DismissedNIW · Motion to reopen2024-01-29Computer science research assistantJAN292024_01B5203Computing, AI & data
The Director of the Nebraska 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 unsupportedNo broader implications shown - MotionNIW · Motion to reopen2023-12-27Information technology (IT) entrepreneurDEC272023_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish: (1) the national importance of his proposed endeavor, and (2) that, on balance, the United States would benefit from waiving the job offer requirement.
Proposed endeavor too vagueNo broader implications shown - MotionNIW · Motion to reconsider2023-12-27Information technology (IT) entrepreneurDEC272023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish: (1) the national importance of his proposed endeavor, and (2) that, on balance, the United States would benefit from waiving the job offer requirement.
Relied on a labor shortage - MotionNIW · Motion to reopen & reconsider2023-12-12Computer systems engineer and an entrepreneurDEC122023_04B5203Computing, 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 he 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 unsupportedNo broader implications shown - MotionEB-2 · Motion to reopen2023-09-18Provider of information technology consulting servicesSEP182023_03B5203Computing, AI & data
On remand, the Director again revoked the petition's approval, finding that the Petitioner did not demonstrate the Beneficiary's qualifying experience for the job.
Inconsistencies in the recordSupport letters generic or unsupported - RemandedEB-2 · Motion to reopen2023-07-21Software development companyJUL212023_01B5203Computing, AI & data
[p2] the motion to reopen, withdraw the Director's decision, and remand the matter for entry of a new decision consistent with the following analysis.
Five years of progressive experience not documentedInconsistencies in the record - MotionNIW · Motion to reconsider2023-07-07Senior software developerJUL072023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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.
Not eligible at the time of filingProposed endeavor too vagueInconsistencies in the recordSupport letters generic or unsupportedPlan or projections not corroborated - MotionNIW · Motion to reconsider2023-05-12StatisticianMAY122023_07B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for a national interest waiver under the Dhanasar framework.
Claims not backed by documents - MotionNIW · Motion to reopen & reconsider2023-03-27Software engineerMAR272023_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 establishedFive years of progressive experience not documentedSupport letters generic or unsupportedNo broader implications shownPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2023-03-22Computer science researcher and instructorMAR222023_05B5203Computing, AI & data
The Director of the Nebraska 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.
Claims not backed by documentsEvidence submitted too lateNo broader implications shown - RemandedNIW · Certification2023-03-17Provider of logistics software and servicesMAR172023_01B5203Computing, AI & data
We will therefore withdraw the Director's contrary decision and remand the matter for entry of a new decision consistent with the following analysis.
Relied on a labor shortage - DismissedNIW · Motion to reopen2023-03-13Information technology (IT) instructorMAR132023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
Job creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueNo broader implications shown - DismissedEB-2 · Motion to reopen2023-03-02Provider of information technology (IT) consulting servicesMAR022023_01B5203Computing, AI & data
On remand, the Director again revoked the petition's approval, this time concluding that the Petitioner did not demonstrate the Beneficiary's qualifying experience for the job.
Inconsistencies in the record - MotionNIW · Motion to reopen & reconsider2023-02-21Computer engineerFEB212023_01B5203Computing, AI & data
In addition, the Petitioner has not established that our previous decision that the appeal is moot because the Director approved the underlying petition was based on an incorrect application oflaw or policy and that it was incorrect based on the evidence then before us.
- MotionNIW · Motion to reopen & reconsider2023-02-01Software developerFEB012023_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability 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 equivalent - MotionNIW · Motion to reopen & reconsider2023-01-10Mathematics teacherJAN102023_02B5203Physical sciences & math
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.
- DismissedEB-2 · Motion to reopen2022-11-16IT services providerNOV162022_01B5203Computing, AI & data
In August 2021, the Texas Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers, concluding that the Petitioner did not establish its ability to pay the Beneficiary the offered wage.
- RemandedEB-2 · Certification2022-08-26Software services companyAUG262022_01B5203Computing, AI & data
4(a)(l), which provides that decisions by field office or service center directors may be certified 1 Upon de nova review, we will remand the case to the Director for further consideration and the issuance of a new decision.
Inconsistencies in the record - MotionNIW · Motion to reopen2022-08-04Mathematics teacherAUG042022_02B5203Physical sciences & math
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.