227 decisions
newest first- 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 - RemandedEB-2 · Appeal2023-03-08Information technology businessMAR082023_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.
Inconsistencies in the recordTried to change the endeavor after filing - DismissedEB-2 · Motion to reopen2023-03-02Provider of information technology (IT) consulting servicesMAR022023_01B5203Computing, AI & data
On remand, the Director again revoked the petition's approval, this time concluding that the Petitioner did not demonstrate the Beneficiary's qualifying experience for the job.
Inconsistencies in the record - 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 - SustainedEB-2 · Appeal2022-12-14Senior software engineerDEC142022_02B5203Computing, AI & dataInconsistencies in the recordTried to change the endeavor after filing
- WithdrawnEB-2 · Appeal2022-12-07Computer software solutions businessDEC072022_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center revoked the approval ofthe petition, concluding that the record did not establish that the Beneficiary met the educational requirements of the offered position.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedInconsistencies in the recordSupport letters generic or unsupported - DismissedEB-2 · Appeal2022-11-22Quality control chemistNOV222022_02B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Beneficiary has the requisite educational credential to qualify for classification as an advanced degree professional.
Degree not shown to be a U.S. advanced degree equivalentInconsistencies in the recordLabor certification not shown to be impractical - 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 · Appeal2022-11-02Transportation engineerNOV022022_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding 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 unsupportedFive years of progressive experience not documentedInconsistencies in the recordDid not show the waiver outweighs labor certificationRelied on a labor shortage - MotionNIW · Motion to reopen & reconsider2022-10-05Occupation not statedOCT052022_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner qualifies for the underlying EB-2 classification, he had not established the national importance of the proposed endeavor, that he is well positioned to carry out the endeavor, or 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 vagueArgued the field's importance, not the endeavor'sInconsistencies in the record+2 more - MotionNIW · Motion2022-08-31ResearcherAUG312022_03B5203Engineering
We dismissed the subsequent appeal, concluding that though the record shows that the proposed endeavor would have substantial merit and 1 national importance, the Petitioner did not establish he is well-positioned to advance the endeavor.
Citation record not persuasiveInconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - RemandedEB-2 · Certification2022-08-26Software services companyAUG262022_01B5203Computing, AI & data
4(a)(l), which provides that decisions by field office or service center directors may be certified 1 Upon de nova review, we will remand the case to the Director for further consideration and the issuance of a new decision.
Inconsistencies in the record - DismissedEB-2 · Appeal2022-08-23Senior software engineerAUG232022_02B5203Computing, AI & data
However, while the job duties of the offered position vary only slightly from those certified by DOL, the record does not establish that the requirements remain the same.
Inconsistencies in the recordTried to change the endeavor after filing - DismissedEB-2 · Appeal2022-08-23Application developerAUG232022_03B5203Computing, AI & data
The Director of the Nebraska Service Center revoked the approval of the petition, concluding that the job offered to the Beneficiary does not qualify for advanced degree professional classification.
Five years of progressive experience not documentedInconsistencies in the record - DismissedEB-2 · Appeal2022-08-10Senior software engineerAUG102022_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Beneficiary meets the experience requirements of the labor certification and, therefore, the Beneficiary is ineligible for the offered position.
Inconsistencies in the record - 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 - DismissedEB-2 · Appeal2022-08-09Computer software companyAUG092022_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner, I Idid not establish that it was the successor-in-interest to the entity that originally filed the labor certification.
Claims not backed by documentsInconsistencies in the record - DismissedNIW · Appeal2022-07-25Occupation not statedJUL252022_01B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner had not established that he was an individual of exceptional ability or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Exceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedNo broader implications shown - MotionNIW · Motion to reopen & reconsider2022-07-21Mechanical and aerospace engineerJUL212022_02B5203Engineering
The Director o f the Nebraska Service Center denied the petition, determining that while the Petitioner qualifies 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.
Inconsistencies in the recordNo interest from users, customers or investorsPast record does not show influence or success - DismissedEB-2 · Motion to reopen2022-07-06Software engineerJUL062022_01B5203Computing, AI & data
1 The Director found that the Petitioner did not establish that the Beneficiary possessed the required education and experience for the offered position, and that the job offer was bonafide.
Inconsistencies in the record