217 decisions
newest first- RemandedNIW · Appeal2025-01-21EngineerJAN212025_10B5203Engineering
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.
Inconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2024-12-10Computer science lecturer and network implementation consultantDEC102024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualified for the EB-2 visa classification as an advanced degree professional, he had not established eligibility for the national interest waiver.
Citation record not persuasiveProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+3 more - 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 · Appeal2024-10-29Data analystOCT292024_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 unsupportedNot eligible at the time of filingProposed endeavor too vagueInconsistencies in the recordNo broader implications shown+2 more - 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 - DismissedNIW · Appeal2024-09-05Operations manager and marketing developerSEP052024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification, 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 unsupportedProposed endeavor too vagueInconsistencies in the record - DismissedNIW · Appeal2024-09-04Information technology specialistSEP042024_06B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate his eligibility for the underlying EB-2 immigrant classification or for the requested national interest waiver.
Exceptional ability not establishedInconsistencies in the record - DismissedNIW · Appeal2024-08-29Information technology (IT) professional consultantAUG292024_05B5203Computing, 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 did not qualify for the EB-2 classification and had not established 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 unsupportedInconsistencies in the recordNo broader implications shownPlan or projections not corroborated+2 more - DismissedNIW · Appeal2024-08-22Mechanical engineerAUG222024_07B5203Engineering
The Texas Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers (petition), concluding the record did not establish that the Petitioner qualified for the underlying visa classification, nor did he merit a discretionary waiver of the job offer requirement in the national interest.
Inconsistencies in the recordTried to change the endeavor after filingPlan or projections not corroborated - DismissedNIW · Appeal2024-08-13Information security analystAUG132024_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-classification nor are they eligible for a national interest waiver as a matter of discretion.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the recordPlan or projections not corroboratedRelied on a labor shortage - 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 - RemandedNIW · Appeal2024-07-26Environmental engineerJUL262024_06B5203Engineering
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.
Proposed endeavor too vagueInconsistencies in the recordSupport letters generic or unsupportedNo interest from users, customers or investorsNo urgency shown - DismissedNIW · Appeal2024-07-18Entrepreneur in information technology and telecommunicationsJUL182024_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the Petitioner's Form 1-140, Immigrant Petition for Alien Workers, concluding that the record established the Petitioner was a member of the professions holding an advanced degree or their equivalent, but did not establish that he was eligible for and merited a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+2 more - DismissedNIW · Appeal2024-07-16Occupation not statedJUL162024_10B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner established she is an advanced degree professional but did not establish that a waiver of the required job offer, and thus that the labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordNo broader implications shown+1 more - DismissedNIW · Appeal2024-07-12Industrial engineer and entrepreneurJUL122024_02B5203Engineering
The Director determined that the Petitioner qualifies for EB-2 classification as an advanced degree professional but did not establish that a discretionary waiver of the job offer requirement, and thus of a labor certification, would be in the national interest.
Job creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownPlan or projections not corroboratedDid not show the waiver outweighs labor certification - 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 - DismissedNIW · Appeal2024-07-08Civil engineerJUL082024_16B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner was eligible for the requested national interest waiver.
Job creation or economic claims unsupportedProposed endeavor too vagueArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+2 more - DismissedNIW · Appeal2024-06-21Occupation not statedJUN212024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the required job offer, and thus that the labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordNo broader implications shown