76 decisions
newest first- RemandedNIW · Appeal2024-01-25Entrepreneur and chief executive officerJAN252024_10B5203Engineering
2 (AAO 2015), we conclude that a remand is warranted in this case because the Director's decision is insufficient for review.
Exceptional ability not established - DismissedNIW · Appeal2024-01-08Mechanical engineerJAN082024_06B5203Engineering
However, the Director concluded that the Petitioner had not established that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueExceptional ability not establishedNo broader implications shown - 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 · Appeal2023-11-29Information technology (IT) project managerNOV292023_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver.
Exceptional ability not established - DismissedNIW · Appeal2023-11-29Production supervisor in the automotive industryNOV292023_07B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility for either the EB-2 classification or a national interest waiver.
Exceptional ability not established - DismissedNIW · Appeal2023-11-27Occupation not statedNOV272023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingExceptional ability not establishedFive years of progressive experience not documented - 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 · Appeal2023-10-03Occupation not statedOCT032023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he is an individual of exceptional ability or that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Claims not backed by documentsExceptional ability not establishedInconsistencies in the recordNo interest from users, customers or investorsNo urgency shown+3 more - DismissedNIW · Appeal2023-09-18Plastic packaging manufacturerSEP182023_06B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary did not qualify for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Exceptional ability not establishedFive years of progressive experience not documentedNo broader implications shown - 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 · Appeal2023-09-11Computer systems analystSEP112023_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility as an individual of exceptional ability1 and that he merited a national interest waiver as a matter of discretion.
Exceptional ability not established - DismissedNIW · Appeal2023-06-13Operations manager and automotive repair mechanicJUN132023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the underlying EB-2 immigrant classification.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-05-18Manufacturing technicianMAY182023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar framework.
Exceptional ability not establishedArgued the field's importance, not the endeavor's - DismissedNIW · Appeal2023-04-18Eyeglass manufacturerAPR182023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish either the Beneficiary's qualification for the EB-2 immigrant classification or that a waiver ofthe classification's job offer requirement would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established - RemandedNIW · Appeal2023-04-04Entrepreneur in the field of distance education with a focus on information technologyAPR042023_01B5203Computing, AI & data
Upondenovoreview, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Not eligible at the time of filingExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedPast record does not show influence or success - 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 - DismissedNIW · Appeal2023-03-01Electrical engineer in the field of industrial automationMAR012023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is either a member of the professions holding an advanced degree or an individual of exceptional ability.
Claims not backed by documentsExceptional ability not established - 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