65 decisions
newest first- 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 - DismissedNIW · Appeal2023-07-14Computer and information systems managerJUL142023_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that, although the record demonstrates the Petitioner's eligibility for EB-2 classification as an advanced degree professional, he did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown+1 more - 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 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 - RemandedNIW · Appeal2023-03-08Occupation not statedMAR082023_02B5203Computing, AI & data
Upon de novo review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Exceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-03-07Travel agent/tour guideMAR072023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - 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 · Appeal2022-11-07Information 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 - DismissedEB-2 · Appeal2022-08-23Application developerAUG232022_03B5203Computing, AI & data
The Director of the Nebraska Service Center revoked the approval of the petition, concluding that the job offered to the Beneficiary does not qualify for advanced degree professional classification.
Five years of progressive experience not documentedInconsistencies in the record - 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 - DismissedEB-2 · Appeal2022-08-09Software development and consulting businessAUG092022_01B5203Computing, AI & data
The Director also informed the Petitioner that the record did not establish its ability to pay the proffered wage, as it submitted only its 2010 federal income tax return with the petition, which was before the 2011 priority date.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2021-09-07Occupation not statedSEP072021_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility as a member ofthe professions holding an advanced degree and that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - RemandedNIW · Appeal2021-08-24Software developerAUG242021_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for further review of the record and issuance of a new decision.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2021-08-03Software developerAUG032021_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for classification as an individual of exceptional ability and had not established 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 documented - RemandedEB-2 · Appeal2021-01-25IT consulting companyJAN252021_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the case for further consideration and the issuance of a new decision.
Five years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Appeal2020-10-06Information technology companyOCT062020_01B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the job offered to the Beneficiary does not qualify for advanced degree professional classification.
Five years of progressive experience not documented - DismissedEB-2 · Appeal2018-02-27Software development companyFEB272018_02B5203Computing, AI & data
the position will not qualify for advanced degree professional classification.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedEB-2 · Appeal2017-07-27Information technology companyJUL272017_03B5203Computing, AI & data
The Nebraska Service Center Director denied the petitiOn, concluding that the record did not establish, as required, that the labor certification supported classification of the position in the advanced degree professional category because it stated education and experience requirements that could be read as requiring less than an advanced degree.
Five years of progressive experience not documented - RemandedEB-2 · Appeal2017-06-20Computer consulting businessJUN202017_01B5203Computing, AI & data
Upon de novo review, we will withdraw the decision of the Director and remand the matter for further proceedings consistent with the foregoing opinion and for the entry of a new decision.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Appeal2017-01-18Software development and support companyJAN182017_01B5203Computing, AI & data
The Director determined that the ETA Form 9089, Application for Permanent Employment Certification (labor certification), did not demonstrate that.
Five years of progressive experience not documentedInconsistencies in the record