52 decisions
newest first- DismissedNIW · Appeal2023-02-08Information technology project managerFEB082023_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 the Petitioner had not established that a waiver of the required job offer, and thus of the labor certification, would beinthenationalinterest.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsTried to change the endeavor after filingNo broader implications shown+1 more - SustainedEB-2 · Appeal2022-12-14Senior software engineerDEC142022_02B5203Computing, AI & dataInconsistencies in the recordTried to change the endeavor after filing
- DismissedNIW · Appeal2022-11-02Database engineerNOV022022_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that while the record showed that the Petitioner qualified as a member ofthe professions holding an advanced degree, it did not establish that a waiver of the job offer requirement of that visa classification would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedTried to change the endeavor after filingNo interest from users, customers or investorsNo urgency shown+1 more - DismissedEB-2 · Appeal2022-08-23Senior software engineerAUG232022_02B5203Computing, AI & data
However, while the job duties of the offered position vary only slightly from those certified by DOL, the record does not establish that the requirements remain the same.
Inconsistencies in the recordTried to change the endeavor after filing - 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 - MotionNIW · Motion to reopen2021-12-30Research coordinatorDEC302021_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 she 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 filingInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reopen2021-11-30Research coordinatorNOV302021_02B5203Computing, 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 she 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 filingInconsistencies in the recordTried to change the endeavor after filing - RemandedEB-2 · Motion to reconsider2021-01-05Developer of software for online advertisingJAN052021_02B5203Computing, 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 recordLabor certification not shown to be impractical - RemandedEB-2 · Motion to reopen2020-09-03Software developerSEP032020_02B5203Computing, 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 recordLabor certification not shown to be impractical - RemandedEB-2 · Appeal2019-04-18Information technology consultancyAPR182019_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.
Labor certification not shown to be impractical - DismissedEB-2 · Appeal2018-04-26Provider of content management softwareAPR262018_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the proffered wage.
Labor certification not shown to be impracticalNo interest from users, customers or investors