52 decisions
newest first- DismissedEB-2 · Appeal2025-03-25Occupation not statedMAR252025_06B5203Computing, AI & data
After reviewing the documentation in the record, the Chief denied the petition on multiple grounds, including on the ground that the Petitioner did not demonstrate the JCE will likely create at least 10 jobs for each investor seeking EB-5 classification.
Job creation or economic claims unsupportedTried to change the endeavor after filingNo interest from users, customers or investorsPlan or projections not corroborated - DismissedNIW · Appeal2025-03-05Research scientist in computer v1s10n and artificial intelligence (Al)MAR052025_01B5203Computing, 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.
Labor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2025-02-20Occupation not statedFEB202025_01B5203Computing, AI & data
The Director of the Nebraska 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.
Proposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reopen & reconsider2025-01-31Occupation not statedJAN312025_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish 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 filingTried to change the endeavor after filing - MotionNIW · Motion to reopen & reconsider2025-01-23Consultant and/or advisor in the field of electronic engineering (cybersecurity)JAN232025_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he merited a waiver of the job offer and labor certification requirements for EB-2 classification.
Claims not backed by documentsInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2025-01-17Software quality assurance analyst and testerJAN172025_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record does not establish that the Petitioner is eligible for a national interest waiver as a matter of discretion.
Support letters generic or unsupportedTried to change the endeavor after filingRelied on a labor shortage - DismissedNIW · Motion to reopen2024-12-03Software developerDEC032024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record established the Petitioner's exceptional ability, but did not establish that he qualifies for the national interest waiver.
Job creation or economic claims unsupportedProposed endeavor too vagueTried to change the endeavor after filingNo interest from users, customers or investorsPlan or projections not corroborated+1 more - MotionNIW · Motion to reopen & reconsider2024-11-04Information technology entrepreneurNOV042024_08B5203Computing, AI & data
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Workers (national interest waiver), concluding the Petitioner had not established a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Tried to change the endeavor after filing - DismissedNIW · Appeal2024-10-18Computer scientistOCT182024_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the proposed endeavor was of national importance.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sTried to change the endeavor after filingNo broader implications shown+1 more - DismissedNIW · Appeal2024-04-29Technology companyAPR292024_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the proposed endeavor was of national importance, that the Beneficiary was wellpositioned to advance the proposed endeavor, or that it would be beneficial to the United States to waive the requirements of a job offer and labor certification.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedTried to change the endeavor after filing+1 more - DismissedNIW · Appeal2024-04-04Information security consultantAPR042024_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that she was eligible for the requested classification or 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'sLabor certification not shown to be impractical+2 more - DismissedEB-2 · Appeal2024-03-27Information technology solutions providerMAR272024_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary possesses the minimum requirements for the offered position as stated on the labor certification.
Not eligible at the time of filingInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2024-03-11Computer systems engineer/architectMAR112024_03B5203Computing, AI & data
The 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 unsupportedProposed endeavor too vagueTried to change the endeavor after filingNo broader implications shownDid not show the waiver outweighs labor certification - 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 - 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 · Appeal2023-10-05Software engineer and information technology specialistOCT052023_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 the Petitioner had not established that a waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sTried to change the endeavor after filingNo broader implications shown - DismissedNIW · Appeal2023-07-07Instructional coordinatorJUL072023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualifies 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.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing+2 more - DismissedNIW · Appeal2023-04-27Computer software engineerAPR272023_03B5203Computing, AI & data
The Director of the 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 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.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsTried to change the endeavor after filing - DismissedNIW · Appeal2023-04-05Software developerAPR052023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner was eligible for or otherwise merited a national interest waiver.
Proposed endeavor too vagueTried to change the endeavor after filingNo broader implications shownRelied on a labor shortage - RemandedEB-2 · Appeal2023-03-08Information technology businessMAR082023_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the recordTried to change the endeavor after filing