29 decisions
newest first- 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 - SustainedNIW · Appeal2023-05-05Researcher in the area of quantum opticsMAY052023_02B5203Physical sciences & mathCitation record not persuasiveNo interest from users, customers or investorsNo urgency shownPast record does not show influence or success
- DismissedNIW · Appeal2022-11-02Database engineerNOV022022_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that while the record showed that the Petitioner qualified as a member ofthe professions holding an advanced degree, it did not establish that a waiver of the job offer requirement of that visa classification would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedTried to change the endeavor after filingNo interest from users, customers or investorsNo urgency shown+1 more - DismissedNIW · Appeal2022-07-27Software developerJUL272022_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that although the record shows that the Petitioner's proposed endeavor has substantial merit and he is well positioned to advance that endeavor, it did not establish that his proposed endeavor was of national importance or that, on balance, it would be beneficial to the United States to waive the requirement of a job offer, and thus a labor certification, in the Petitioner's case.
Job creation or economic claims unsupportedNo interest from users, customers or investorsNo urgency shown - DismissedNIW · Appeal2021-08-02Information technology (IT) project managerAUG022021_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for the underlying classification.
Job creation or economic claims unsupportedArgued the field's importance, not the endeavor'sNo broader implications shownNo urgency shownRelied on a labor shortage - 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 · Appeal2021-06-16ChemistJUN162021_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies for classification as a member of the professions holding an advanced degree, but that she had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Labor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2021-06-09Materials scientistJUN092021_11B5203Physical sciences & math
" The record does not establish that the Petitioner's proposed endeavor of project management,!~_ __.
Job creation or economic claims unsupportedNo urgency shown - DismissedNIW · Appeal2021-04-15Software developerAPR152021_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner met the initial evidentiary requirement for an individual of exceptional ability by meeting at least three of the six evidentiary criteria under 8 C.
Proposed endeavor too vagueExceptional ability not establishedArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+3 more