178 decisions
newest first- DismissedNIW · Appeal2023-02-14Civil engineerFEB142023_01B5203Engineering
The 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 would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsArgued the field's importance, not the endeavor's+4 more - DismissedNIW · Appeal2022-11-23Civil engineerNOV232022_01B5203Engineering
The Director ofthe 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 unsupportedNo broader implications shownPlan or projections not corroborated - 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 - DismissedNIW · Motion to reopen2022-11-02Manufacturer of cleaning productsNOV022022_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner does not qualify for the underlying classification and 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 vagueNo broader implications shownPlan or projections not corroborated - DismissedNIW · Appeal2022-09-28Industrial engineerSEP282022_01B5203Engineering
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.
Job creation or economic claims unsupportedNot eligible at the time of filingProposed endeavor too vagueNo broader implications shownPlan or projections not corroborated - DismissedNIW · Appeal2022-08-23Computer engineerAUG232022_06B5203Computing, 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 unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsExceptional ability not established+6 more - DismissedEB-2 · Appeal2022-08-09Software development and consulting businessAUG092022_01B5203Computing, AI & data
The Director also informed the Petitioner that the record did not establish its ability to pay the proffered wage, as it submitted only its 2010 federal income tax return with the petition, which was before the 2011 priority date.
Claims not backed by documentsFive years of progressive experience not documentedInconsistencies in the recordLabor certification not shown to be impractical - DismissedNIW · Appeal2021-06-15Metallurgical engineerJUN152021_03B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies for classification as a member ofthe 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.
Labor certification not shown to be impracticalNo urgency shownDid not show the waiver outweighs labor certification - SustainedNIW · Appeal2021-04-15Civil engineerAPR152021_01B5203Engineering
CONCLUSION Because the Petitioner has met the three prongs ofthe Dhanasar analytical framework, we conclude that he has established eligibility for a national interest waiver as a matter of discretion.
Labor certification not shown to be impracticalPast record does not show influence or success - DismissedEB-2 · Motion to reopen2021-02-16Software development companyFEB162021_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not establish its continuing ability to pay the Beneficiary the proffered wage from the priority date.
Claims not backed by documentsInconsistencies in the recordSupport letters generic or unsupportedPlan or projections not corroborated - RemandedEB-2 · Motion to reconsider2021-01-05Developer of software for online advertisingJAN052021_02B5203Computing, AI & data
Upon de nova 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 recordLabor certification not shown to be impractical - RemandedEB-2 · Motion to reopen2020-09-03Software developerSEP032020_02B5203Computing, AI & data
Upon de nova 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 recordLabor certification not shown to be impractical - SustainedNIW · Appeal2020-01-10Electrical engineering researcherJAN102020_02B5203Engineering
5 For the reasons discussed below, we find the Petitioner has established eligibility for a national interest waiver under the analytical framework set forth in Dhanasar.
Job creation or economic claims unsupportedLabor certification not shown to be impracticalNo urgency shown - DismissedEB-2 · Appeal2019-08-27Provider of information technology consulting servicesAUG272019_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the position's proffered wage.
No interest from users, customers or investorsPlan or projections not corroborated - RemandedEB-2 · Appeal2019-04-18Information technology consultancyAPR182019_01B5203Computing, AI & data
Upon de nova review, we will withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Labor certification not shown to be impractical - DismissedNIW · Appeal2018-07-10Petroleum engineerJUL102018_01B5203Engineering
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, finding 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.
Citation record not persuasiveLabor certification not shown to be impracticalSupport letters generic or unsupportedNo broader implications shownNo interest from users, customers or investors+3 more - DismissedEB-2 · Appeal2018-04-26Provider of content management softwareAPR262018_01B5203Computing, AI & data
The Director concluded that the Petitioner did not demonstrate its required ability to pay the proffered wage.
Labor certification not shown to be impracticalNo interest from users, customers or investors - DismissedNIW · Appeal2017-08-21Metallurgical engineerAUG212017_01B5203Engineering
The Director of the Nebraska Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, finding that the Petitioner qualified for classification as a member of the professions holding an advanced degree, 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.
Claims not backed by documentsProposed endeavor too vagueInconsistencies in the recordLabor certification not shown to be impracticalNo broader implications shown+2 more