84 decisions
newest first- MotionNIW · Motion to reopen & reconsider2025-12-16Automotive engineerDEC162025_02B5203Engineering
Service Center Operations (SCOPS) denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus ofa labor certification, would be in the national interest.
Benefits limited to an employer or its clientsProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordNo broader implications shown - MotionNIW · Motion to reopen2025-04-10Production engineering consultantAPR102025_07B5203Engineering
The Director of the Texas 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 vagueArgued the field's importance, not the endeavor'sInconsistencies in the record - 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 · Motion to reopen2024-11-12HVAC professionalNOV122024_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that he qualified for classification as an individual of exceptional ability.
Not eligible at the time of filingExceptional ability not establishedInconsistencies in the record - 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 - MotionNIW · Motion to reconsider2024-09-19Industrial and quality engineerSEP192024_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for the underlying EB-2 classification or that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Inconsistencies in the record - MotionNIW · Motion to reconsider2024-09-18Power systems engineerSEP182024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Petitioner qualified for EB-2 visa classification and that a discretionary waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Inconsistencies in the record - MotionNIW · Motion to reopen & reconsider2024-08-07Civil engineerAUG072024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Petitioner had established eligibility for a national interest waiver.
Citation record not persuasiveNot eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reopen & reconsider2024-07-10Automotive technicianJUL102024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility as an individual of exceptional ability and that a waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest.
Exceptional ability not establishedInconsistencies in the record - MotionNIW · Motion to reopen2024-04-25ResearcherAPR252024_01B5203Physical sciences & math
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 be in the national interest.
Inconsistencies in the record - MotionNIW · Motion to reopen & reconsider2024-04-24Safety engineerAPR242024_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the national interest waiver.
Not eligible at the time of filingProposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing - DismissedNIW · Motion to reopen2023-10-30Manufacturing engineering managerOCT302023_03B5203Engineering
The Director considered the motion but ultimately redenied the petition, determining that while the Petitioner satisfied Dhanasar 's second prong, he did not meet the first and third prongs of the Dhanasar framework and was therefore ineligible for a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedInconsistencies in the record - MotionNIW · Motion to reopen2023-09-27Production engineer in the oil and gas industrySEP272023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he qualifies for EB-2 classification as a member of the professions holding an advanced degree or that he is eligible for a national interest waiver.
Job creation or economic claims unsupportedInconsistencies in the record - 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 - DismissedEB-2 · Motion to reopen2023-03-02Provider of information technology (IT) consulting servicesMAR022023_01B5203Computing, AI & data
On remand, the Director again revoked the petition's approval, this time concluding that the Petitioner did not demonstrate the Beneficiary's qualifying experience for the job.
Inconsistencies in the record - MotionNIW · Motion to reopen & reconsider2022-10-05Occupation not statedOCT052022_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner qualifies for the underlying EB-2 classification, he had not established the national importance of the proposed endeavor, that he is well positioned to carry out the endeavor, or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - MotionNIW · Motion2022-08-31ResearcherAUG312022_03B5203Engineering
We dismissed the subsequent appeal, concluding that though the record shows that the proposed endeavor would have substantial merit and 1 national importance, the Petitioner did not establish he is well-positioned to advance the endeavor.
Citation record not persuasiveInconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - RemandedEB-2 · Certification2022-08-26Software services companyAUG262022_01B5203Computing, AI & data
4(a)(l), which provides that decisions by field office or service center directors may be certified 1 Upon de nova review, we will remand the case to the Director for further consideration and the issuance of a new decision.
Inconsistencies in the record