113 decisions
newest first- DismissedNIW · Appeal2024-02-15Software developer and an entrepreneurFEB152024_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for the EB-2 classification as an individual of exceptional ability, but 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 vagueSupport letters generic or unsupportedNo broader implications shown+2 more - DismissedNIW · Appeal2024-02-06Entrepreneur in information technologyFEB062024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish he was eligible for, and merited as a matter of discretion, a national interest waiver.
Job creation or economic claims unsupportedExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shown - DismissedNIW · Appeal2024-01-30Real estate developer and entrepreneurJAN302024_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 the underlying visa classification or merits a discretionary waiver of the job offer requirement "in the national interest.
Not eligible at the time of filingProposed endeavor too vagueSupport letters generic or unsupported - DismissedNIW · Appeal2024-01-03Software developer and inventor of color management technologyJAN032024_03B5203Computing, 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 unsupportedArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo broader implications shownDid not show the waiver outweighs labor certification+1 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 · Appeal2023-12-01Information technology (IT) systems specialistDEC012023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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.
Job creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueSupport letters generic or unsupportedNo broader implications shown+1 more - DismissedNIW · Appeal2023-11-01Human development specialistNOV012023_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner established eligibility for the underlying second preference classification, she did not establish eligibility for a national interest waiver under the framework outlined in Matter of Dhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported - 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 - DismissedNIW · Appeal2023-09-13Cybersecurity technology entrepreneurSEP132023_07B5203Computing, 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.
Claims not backed by documentsProposed endeavor too vagueFive years of progressive experience not documentedSupport letters generic or unsupported - SustainedNIW · Appeal2023-08-09Mathematics researcher and professorAUG092023_01B5203Physical sciences & math
For the reasons discussed below, we conclude that the Petitioner has established eligibility for a national interest waiver under the analytical framework set forth in Dhanasar.
Proposed endeavor too vagueSupport letters generic or unsupportedDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2023-07-11Software quality assurance engineerJUL112023_06B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that a waiver of the job offer requirement is in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedFive years of progressive experience not documentedSupport letters generic or unsupported - 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 - DismissedNIW · Appeal2023-07-06Machine learning researcherJUL062023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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.
Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2023-06-15Chief technology officerJUN152023_01B5203Computing, AI & data
The Director determined that the record established the Petitioner's eligibility for the underlying EB-2 classification but did not establish a waiver of the required job offer, 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 vagueSupport letters generic or unsupportedNo broader implications shown+1 more - RemandedNIW · Appeal2023-04-04Entrepreneur in the field of distance education with a focus on information technologyAPR042023_01B5203Computing, AI & data
Upondenovoreview, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Not eligible at the time of filingExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedPast record does not show influence or success - DismissedNIW · Appeal2023-03-30Software engineerMAR302023_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner qualified as an advanced degree professional, 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 persuasiveJob creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sSupport letters generic or unsupported - 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 - WithdrawnEB-2 · Appeal2022-12-07Computer software solutions businessDEC072022_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Appeal2022-07-25Occupation not statedJUL252022_01B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner had not established that he was 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.
Exceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedNo broader implications shown - 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