59 decisions
newest first- DismissedNIW · Appeal2024-12-10Computer science lecturer and network implementation consultantDEC102024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for the EB-2 visa classification as an advanced degree professional, he had not established eligibility for the national interest waiver.
Citation record not persuasiveProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+3 more - DismissedNIW · Appeal2024-10-29Researcher in the field of linguisticsOCT292024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for the EB-2 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 labor certification, would be in the national interest.
Citation record not persuasiveProposed endeavor too vagueArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - 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 · Appeal2024-10-08Researcher in the field of electrical and computer engineeringOCT082024_02B5203Computing, 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 established his underlying eligibility for EB-2 classification as an advanced degree professional, but that he did not establish he merited a national interest waiver.
Citation record not persuasiveJob creation or economic claims unsupportedDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2024-08-23Post-doctoral researcherAUG232024_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish that he is eligible for or otherwise merits a national interest waiver as a matter of discretion.
Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2024-07-31Information technology (IT) project manager and entrepreneurJUL312024_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the Petitioner qualified for EB-2 classification as a member of the professions holding an advanced degree, but did not establish 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 unsupportedProposed endeavor too vagueNo broader implications shown - DismissedNIW · Appeal2024-07-10Data programmer analyst and data scientistJUL102024_01B5203Computing, AI & data
The Director of the Texas 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.
Citation record not persuasiveJob creation or economic claims unsupportedBenefits limited to an employer or its clientsDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2024-02-12Occupation not statedFEB122024_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 the record did not demonstrate their eligibility that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Citation record not persuasivePast record does not show influence or success - 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 - 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 · Appeal2023-03-30Software 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 - DismissedNIW · Appeal2021-09-02Software engineerSEP022021_03B5203Computing, 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.
Citation record not persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedEB-2 · Appeal2021-04-07Senior SAS programmer analystAPR072021_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record establish that the Petitioner did not establish that a bona fide job offer of full-time permanent employment existed or that it intended to employ the Beneficiary in the offered position.
Citation record not persuasiveClaims not backed by documentsInconsistencies in the recordNo interest from users, customers or investors - DismissedEB-2 · Appeal2018-01-26IT services companyJAN262018_02B5203Computing, AI & data
If the labor certification allows for less than an advanced degree, the position will not qualify for EB-2 classification.
Citation record not persuasiveInconsistencies in the record - DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_01B5203Computing, AI & data
The Director found that the evidence of record did not establish that the Beneficiary met the minimum educational requirements for the offered position.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingDid not show the waiver outweighs labor certification - DismissedEB-2 · Appeal2017-02-14Software development and support firmFEB142017_01B5203Computing, AI & data
1 For the reasons noted above, we find that the Petitioner has not established that the job;offer portion of the labor certification requires a professional holding an advanced degree or its equivalent, and as such, the labor certification does not support the requested classification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2016-02-29· old NYSDOT testNon-public school for the autistic and developmentally disabledFEB292016_01B5203Computing, AI & data
The Director determined that the Petitioner had not established that the Beneficiary met the minimum requirements of the labor certification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2015-12-09· old NYSDOT testSoftware engineerDEC092015_02B5203Computing, AI & data
0 • The Director concluded that the record at the time of the petition's approval did not establish the Petitioner's continuing ability to pay the Beneficiary's proffered wage.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documented - RemandedEB-2 · Appeal2013-12-12· old NYSDOT testOccupation not statedDEC122013_01B5203Computing, AI & data
Thus, the petition will be remanded for the director to determine whether the beneficiary is a member of the professions holding an advanced degree, and that the offered position requires, at a minimum, a [p5] (b)(6) NON-PRECEDENT DECISION Page 5 professional holding an advanced degree.
Citation record not persuasiveInconsistencies in the record