249 decisions
newest first- DismissedNIW · Appeal2024-01-30Real estate developer and entrepreneurJAN302024_06B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement "in the national interest.
Not eligible at the time of filingProposed endeavor too vagueSupport letters generic or unsupported - DismissedNIW · Appeal2024-01-29Systems engineerJAN292024_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, he had not established 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 unsupportedNot eligible at the time of filingProposed endeavor too vagueSupport letters generic or unsupported+4 more - DismissedNIW · Appeal2024-01-23Senior hardware engineerJAN232024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for classification as a member of the professions holding an advanced degree, she 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 clientsProposed endeavor too vagueArgued the field's importance, not the endeavor's+4 more - DismissedNIW · Appeal2024-01-23Energy systems engineerJAN232024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that a waiver of the job offer requirement would be in the national interest.
Claims not backed by documentsArgued the field's importance, not the endeavor'sSupport letters generic or unsupported - DismissedNIW · Appeal2024-01-09Aircraft mechanical maintenance specialistJAN092024_05B5203Engineering
The Director concluded the Petitioner did not qualify as an individual of exceptional ability.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueSupport letters generic or unsupportedRelied on a labor shortage - DismissedNIW · Appeal2024-01-03Software developer and inventor of color management technologyJAN032024_03B5203Computing, 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 he 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 unsupportedArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo broader implications shownDid not show the waiver outweighs labor certification+1 more - DismissedNIW · Appeal2023-12-12Occupation not statedDEC122023_05B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar analytical framework, as a matter of discretion.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documentedInconsistencies in the record+1 more - DismissedNIW · Appeal2023-12-04Aeronautical engineerDEC042023_16B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that while the Petitioner qualifies as an advanced degree professional, 1 the record did not establish that her endeavor would have national importance or that, on balance, it would benefit the United States to waive the job offer requirement.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedNo interest from users, customers or investors - DismissedNIW · Appeal2023-12-01Information technology (IT) systems specialistDEC012023_01B5203Computing, 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.
Job creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueSupport letters generic or unsupportedNo broader implications shown+1 more - DismissedNIW · Appeal2023-11-21Automotive technicianNOV212023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility as an individual of exceptional ability and that a waiver ofthe required job offer, and thus of the labor certification, would be in the national interest.
Support letters generic or unsupportedNo broader implications shownPast record does not show influence or success - DismissedNIW · Appeal2023-11-01Human development specialistNOV012023_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner established eligibility for the underlying second preference classification, she did not establish eligibility for a national interest waiver under the framework outlined in Matter of Dhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Appeal2023-10-05Engineer with sales and management experienceOCT052023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner was eligible for, and merited as a matter of discretion, a waiver of the job offer requirement.
Job creation or economic claims unsupportedSupport letters generic or unsupportedPlan or projections not corroborated - DismissedNIW · Appeal2023-09-29Pipeline engineerSEP292023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner's endeavor would have national importance, that she is well-positioned to advance that endeavor, or that, on balance, it would benefit the United States to waive the job offer requirement in this case.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedRelied on a labor shortage - DismissedNIW · Appeal2023-09-26Electrical and automation engineerSEP262023_06B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner's endeavor would have national importance, that the Petitioner is wellpositioned to advance that endeavor, or that, on balance, it would benefit the United States to waive the job offer requirement.
Claims not backed by documentsJob creation or economic claims unsupportedNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported - 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 - DismissedNIW · Appeal2023-09-14Production and manufacturing engineerSEP142023_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualifies for the EB-2 classification, the record does not establish that a waiver of the classification's job offer requirement is in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueExceptional ability not establishedFive years of progressive experience not documented+4 more - DismissedNIW · Appeal2023-09-13Cybersecurity technology entrepreneurSEP132023_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that 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.
Claims not backed by documentsProposed endeavor too vagueFive years of progressive experience not documentedSupport letters generic or unsupported - MotionNIW · Motion to reconsider2023-09-12Occupation not statedSEP122023_05B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding the Petitioner did not establish eligibility under the Dhanasar framework.
Citation record not persuasiveSupport letters generic or unsupportedNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2023-09-05Petroleum engineer in the oil and gas fieldSEP052023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+1 more - SustainedNIW · Appeal2023-08-09Mathematics researcher and professorAUG092023_01B5203Physical sciences & math
For the reasons discussed below, we conclude that the Petitioner has established eligibility for a national interest waiver under the analytical framework set forth in Dhanasar.
Proposed endeavor too vagueSupport letters generic or unsupportedDid not show the waiver outweighs labor certificationPast record does not show influence or success