147 decisions
newest first- DismissedNIW · Appeal2024-10-29Data analystOCT292024_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the proposed endeavor was of national importance.
Job creation or economic claims unsupportedNot eligible at the time of filingProposed endeavor too vagueInconsistencies in the recordNo broader implications shown+2 more - DismissedNIW · Motion to reopen2024-10-29Computer systems analystOCT292024_04B5203Computing, AI & data
The Director ofthe Texas Service Center denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.
Citation record not persuasiveExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedEvidence submitted too late+1 more - DismissedNIW · Appeal2024-09-05Operations manager and marketing developerSEP052024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification, 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 unsupportedProposed endeavor too vagueInconsistencies in the record - DismissedNIW · Appeal2024-09-04Information technology specialistSEP042024_06B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate his eligibility for the underlying EB-2 immigrant classification or for the requested national interest waiver.
Exceptional ability not establishedInconsistencies in the record - DismissedNIW · Appeal2024-08-29Information technology (IT) professional consultantAUG292024_05B5203Computing, AI & data
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Workers (national interest waiver), concluding the Petitioner did not qualify for the EB-2 classification and had not established 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 unsupportedInconsistencies in the recordNo broader implications shownPlan or projections not corroborated+2 more - DismissedNIW · Appeal2024-08-13Information security analystAUG132024_02B5203Computing, 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-classification nor are they eligible for a national interest waiver as a matter of discretion.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the recordPlan or projections not corroboratedRelied on a labor shortage - DismissedNIW · Appeal2024-07-18Entrepreneur in information technology and telecommunicationsJUL182024_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the Petitioner's Form 1-140, Immigrant Petition for Alien Workers, concluding that the record established the Petitioner was a member of the professions holding an advanced degree or their equivalent, but did not establish that he was eligible for and merited a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+2 more - DismissedNIW · Appeal2024-06-13Computer software developerJUN132024_02B5203Computing, AI & data
The Director concluded that the Petitioner does not qualify for classification as an individual of exceptional ability; however, the Director did not specify in the decision whether, in the alternative, the Petitioner qualifies for classification as a member of the professions holding an advanced degree.
Job creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordNo broader implications shown - DismissedNIW · Appeal2024-05-21Musician and software engineerMAY212024_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordDid not show the waiver outweighs labor certificationRelied on a labor shortage - MotionNIW · Motion to reopen2024-04-25ResearcherAPR252024_01B5203Physical 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 be in the national interest.
Inconsistencies in the record - DismissedNIW · Appeal2024-04-19Entrepreneur in the field of information technologyAPR192024_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner's proposed endeavor is of national importance, that he is well positioned to advance the proposed endeavor, and that, on balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus of a labor certification.
Claims not backed by documentsJob creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownPlan or projections not corroborated+1 more - DismissedNIW · Appeal2024-04-11Statistics researcherAPR112024_08B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not demonstrate his eligibility for a national interest waiver.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordSupport letters generic or unsupportedRelied on a labor shortage - RemandedNIW · Appeal2024-04-02Computer network and maintenance technicianAPR022024_03B5203Computing, AI & data
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.
Inconsistencies in the record - DismissedEB-2 · Appeal2024-03-27Information technology solutions providerMAR272024_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary possesses the minimum requirements for the offered position as stated on the labor certification.
Not eligible at the time of filingInconsistencies in the recordLabor certification not shown to be impractical - RemandedNIW · Appeal2024-02-08Project manager in information technology and telecommunications systemsFEB082024_08B5203Computing, AI & data
Upon de novo review, we will withdraw the Acting Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the recordDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2023-12-13Software developerDEC132023_03B5203Computing, AI & data
The Acting 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 unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the record+4 more - DismissedNIW · Appeal2023-12-12Occupation not statedDEC122023_05B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar analytical framework, as a matter of discretion.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documentedInconsistencies in the record+1 more - DismissedNIW · Appeal2023-10-03Occupation not statedOCT032023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he is an individual of exceptional ability or that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordNo interest from users, customers or investorsNo urgency shown+3 more - DismissedNIW · Appeal2023-09-26Computer systems consultant and entrepreneurSEP262023_05B5203Computing, AI & data
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 unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - 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