195 decisions
newest first- MotionNIW · Motion to reopen & reconsider2024-09-16Software developer and an entrepreneurSEP162024_04B5203Computing, 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.
- MotionNIW · Motion to reconsider2024-08-19Cyber security professionalAUG192024_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he warranted a waiver of the job offer and labor certification requirements for EB-2 classification.
Proposed endeavor too vagueArgued the field's importance, not the endeavor's - MotionNIW · Motion to reopen2024-07-30Cybersecurity entrepreneurJUL302024_15B5203Computing, AI & data
The Director of the Texas Service Center denied the Petitioner's Form 1-140, Immigrant Petition for Alien Workers, concluding that the Petitioner did not establish that he was a member ofthe professions holding an advanced degree or their equivalent, or was an individual of exceptional ability.
- MotionNIW · Motion to reconsider2024-07-05Information technology entrepreneurJUL052024_05B5203Computing, 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 ofthe required job offer, and thus ofthe labor certification, would be in the national interest.
- MotionNIW · Motion to reopen & reconsider2024-06-26Software developer in the field of information technologyJUN262024_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish 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.
Job creation or economic claims unsupportedProposed endeavor too vagueNo broader implications shown - MotionNIW · Motion to reopen & reconsider2024-04-24Data analytics specialistAPR242024_04B5203Computing, AI & data
The Nebraska Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers (petition), concluding that the record did not establish that the Petitioner merits a discretionary waiver of the job offer requirement in the national interest.
- RemandedNIW · Motion to reopen2024-04-04Data scientist/researcherAPR042024_07B5203Computing, AI & data
Upon de novo review, we will withdraw the Director's decision and remand the matter for entry of a new decision.
Job creation or economic claims unsupportedProposed endeavor too vague - MotionNIW · Motion to reopen & reconsider2024-03-18Occupation not statedMAR182024_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the job offer, and thus of the labor certification, would be in the national interest.
Relied on a labor shortage - 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 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