217 decisions
newest first- DismissedNIW · Appeal2024-06-13Computer software developerJUN132024_02B5203Computing, AI & data
The Director concluded that the Petitioner does not qualify for classification as an individual of exceptional ability; however, the Director did not specify in the decision whether, in the alternative, the Petitioner qualifies for classification as a member of the professions holding an advanced degree.
Job creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordNo broader implications shown - DismissedNIW · Appeal2024-05-23Industrial engineerMAY232024_08B5203Engineering
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.
Job creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordNo broader implications shownNo interest from users, customers or investors+3 more - DismissedNIW · Appeal2024-05-21Musician and software engineerMAY212024_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for a national interest waiver as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordDid not show the waiver outweighs labor certificationRelied on a labor shortage - DismissedNIW · Appeal2024-05-16Civil engineerMAY162024_08B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner was eligible for EB-2 classification as either an advanced degree professional or a noncitizen of exceptional ability.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordNo broader implications shown+4 more - DismissedNIW · Appeal2024-05-10Mechanical engineer/entrepreneurMAY102024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that a waiver of the classification's job offer requirement, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordSupport letters generic or unsupportedPlan or projections not corroborated - DismissedNIW · Appeal2024-05-09Occupation not statedMAY092024_04B5203Engineering
The Director of the Nebraska Service Center denied the petition and dismissed the Petitioner's two subsequent motions, concluding that the record did not establish that the Petitioner is eligible for a national interest waiver of the job offer requirement.
Job creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownNo interest from users, customers or investorsPlan or projections not corroborated+1 more - 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 · Appeal2024-04-19Entrepreneur in the field of information technologyAPR192024_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner's proposed endeavor is of national importance, that he is well positioned to advance the proposed endeavor, and that, on balance, it would be beneficial to the United States to waive the requirements of a job offer, and thus of a labor certification.
Claims not backed by documentsJob creation or economic claims unsupportedInconsistencies in the recordNo broader implications shownPlan or projections not corroborated+1 more - RemandedNIW · Appeal2024-04-02Computer network and maintenance technicianAPR022024_03B5203Computing, 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.
Inconsistencies in the record - DismissedNIW · Appeal2024-04-02NutritionistAPR022024_09B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for EB-2 classification, 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.
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 - DismissedEB-2 · Appeal2024-03-27Information technology solutions providerMAR272024_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Beneficiary possesses the minimum requirements for the offered position as stated on the labor certification.
Not eligible at the time of filingInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2024-02-27Electrical technicianFEB272024_11B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible for the EB-2 exceptional ability classification or that a waiver of the job offer requirement would be in the national interest.
Exceptional ability not establishedInconsistencies in the recordNo broader implications shown - DismissedNIW · Appeal2024-02-15Sound engineering technicianFEB152024_03B5203Engineering
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.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedInconsistencies in the record+3 more - RemandedNIW · Appeal2024-02-08Project manager in information technology and telecommunications systemsFEB082024_08B5203Computing, AI & data
Upon de novo review, we will withdraw the Acting Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Inconsistencies in the recordDid not show the waiver outweighs labor certification - 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 · Appeal2024-01-17Occupation not statedJAN172024_04B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility as a member of the professions holding an advanced degree or an individual of exceptional ability and 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 unsupportedInconsistencies in the recordNo broader implications shownRelied on a labor shortage - RemandedNIW · Appeal2024-01-12Civil engineerJAN122024_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.
Inconsistencies in the record - DismissedNIW · Appeal2023-12-13Software developerDEC132023_03B5203Computing, AI & data
The Acting Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the classification's job offer requirement, 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 vagueArgued the field's importance, not the endeavor'sInconsistencies in the record+4 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 · Appeal2023-11-22Occupation not statedNOV222023_03B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner merits a national interest waiver, as a matter of discretion.
Job creation or economic claims unsupportedNot eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filingNo broader implications shown