79 decisions
newest first- DismissedNIW · Appeal2023-12-15Business developerDEC152023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner established his eligibility for EB-2 classification as a member of the professions holding an advanced degree, he did not demonstrate that a waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest.
Job creation or economic claims unsupportedArgued the field's importance, not the endeavor'sNo broader implications shownPlan or projections not corroborated - 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 - WithdrawnNIW · Appeal2023-11-17Information technology entrepreneurNOV172023_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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 unsupportedProposed endeavor too vagueNo broader implications shownPlan or projections not corroboratedPast record does not show influence or success - DismissedNIW · Appeal2023-10-26Computer network architectOCT262023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility under any of the three Dhanasar prongs.
Job creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not establishedFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+3 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 · Appeal2023-10-02Data analytics specialistOCT022023_02B5203Computing, AI & data
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 she 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 shownPlan or projections not corroboratedRelied on a labor shortage - 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 - DismissedNIW · Appeal2023-09-06Entrepreneur in the field of information technologySEP062023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualifies for classification as a member of the professions holding an advanced degree but 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 shownPlan or projections not corroborated - DismissedNIW · Appeal2023-08-30Information technology consultantAUG302023_01B5203Computing, 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 shownPlan or projections not corroboratedRelied on a labor shortage - DismissedNIW · Appeal2023-08-14Cybersecurity analystAUG142023_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies for EB-2 classification as an advanced degree professional but that the record did not establish that a waiver of the job offer requirement is in the national interest.
Citation record not persuasiveJob creation or economic claims unsupportedArgued the field's importance, not the endeavor'sNo broader implications shownPlan or projections not corroborated+1 more - 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 · Appeal2023-06-15Occupation not statedJUN152023_03B5203Computing, 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 or otherwise merits a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedPlan or projections not corroborated - DismissedNIW · Appeal2023-05-03Entrepreneur and business developerMAY032023_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 unsupportedNo broader implications shownPlan or projections not corroborated - DismissedNIW · Appeal2022-11-07Information technology (IT) directorNOV072022_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedExceptional ability not establishedFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+3 more - DismissedNIW · Appeal2022-08-23Computer engineerAUG232022_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsExceptional ability not established+6 more - 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 - 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 - DismissedEB-2 · Appeal2019-08-27Provider of information technology consulting servicesAUG272019_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the position's proffered wage.
No interest from users, customers or investorsPlan or projections not corroborated - UnknownNIW · Motion to reopen & reconsider2013-12-05· old NYSDOT testOccupation not statedDEC052013_14B5203Physical sciences & math
S not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Exceptional ability not establishedSupport letters generic or unsupportedNo interest from users, customers or investorsPlan or projections not corroborated