781 decisions
newest first- DismissedNIW · Appeal2021-08-10GastroenterologistAUG102021_03B5203Engineering
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.
Past record does not show influence or success - DismissedNIW · Appeal2021-08-09Industrial chemistAUG092021_03B5203Physical sciences & math
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.
Citation record not persuasiveEvidence submitted too latePast record does not show influence or success - DismissedNIW · Appeal2021-08-06Senior application engineer and researcherAUG062021_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not establish that the proposed endeavor was of national importance or 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 shown - SustainedNIW · Appeal2021-08-03Civil engineerAUG032021_01B5203Engineering
As such, we conclude that he has established the national importance ofhis proposed endeavor, and meets the requirements ofthe first prong ofthe Dhanasar framework.
No interest from users, customers or investorsPast record does not show influence or success - DismissedEB-2 · Appeal2021-07-23Coffee manufacturing businessJUL232021_01B5203Engineering
The Director of the Texas Service Center denied the petition on the ground that the proffered position is ineligible for classification as an individual of exceptional ability because the minimum requirements for the job, as set forth in the labor certification, did not demonstrate that the job requires an individual of exceptional ability.
- DismissedNIW · Appeal2021-07-21Senior electrical engineerJUL212021_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish thatthe proposed endeavor was of substantial merit or national importance, thatthe Petitioner is well positioned to advance the proposed endeavor, or that a waiver of the required job offer, and thusofthelaborcertification,wouldbeinthenationalinterest.
Citation record not persuasiveClaims not backed by documentsJob creation or economic claims unsupportedSupport letters generic or unsupported - DismissedNIW · Appeal2021-07-20Key chemistJUL202021_07B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the substantial merit or national importance of the proposed endeavor, nor did it establish that the Petitioner is well positioned to advance the proposed endeavor.
Argued the field's importance, not the endeavor's - DismissedNIW · Appeal2021-07-20Chemical engineerJUL202021_08B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor or that the Petitioner is well positioned to advance the proposed endeavor.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not established+3 more - RemandedNIW · Appeal2021-07-15Flight simulator engineerJUL152021_01B5203Engineering
Upon de nova review, we will withdraw the Director's decision and remand the matter for further consideration and the entry of a new decision consistent with the following analysis.
Exceptional ability not established - RemandedNIW · Appeal2021-07-14Architectural engineerJUL142021_02B5203Engineering
" While we conduct de nova review on appeal, we conclude that a remand is warranted in this case because the Director's decision is insufficient for review.
Degree not shown to be a U.S. advanced degree equivalent - DismissedNIW · Appeal2021-07-12Aeronautical engineerJUL122021_01B5203Engineering
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 unsupported - SustainedNIW · Appeal2021-07-08Environmental engineerJUL082021_02B5203Engineering
As such, we conclude that she has established the national importance of her proposed endeavor, and meets the requirements of the first prong of the Dhanasar framework.
No interest from users, customers or investorsPast record does not show influence or success - DismissedEB-2 · Appeal2021-06-30Product engineering and consulting businessJUN302021_01B5203Engineering
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary has the requisite experience to qualify for the proffered position under the terms of the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - RemandedNIW · Appeal2021-06-28Materials scientistJUN282021_01B5203Physical sciences & math
Upon de nova review, we will withdraw the Director's decision and remand the matter for the entry of a new decision consistent with the following analysis.
Citation record not persuasivePast record does not show influence or success - DismissedNIW · Appeal2021-06-25Occupation not statedJUN252021_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that although the Beneficiary qualified for classification as an individual of exceptional ability, the Petitioner had not established that the Beneficiary is well positioned to advance the proposed endeavor or that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Not eligible at the time of filingExceptional ability not establishedArgued the field's importance, not the endeavor'sInconsistencies in the recordSupport letters generic or unsupported+3 more - DismissedNIW · Appeal2021-06-16ChemistJUN162021_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies 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.
Labor certification not shown to be impracticalNo interest from users, customers or investorsNo urgency shownDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2021-06-16Physics teacherJUN162021_03B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner qualifies 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.
Tried to change the endeavor after filingNo interest from users, customers or investorsRelied on a labor shortage - 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 - RemandedNIW · Appeal2021-06-09Structural engineerJUN092021_01B5203Engineering
" The Director proceeded to conduct a Dhanasar analysis without fust concluding whether the Petitioner qualifies for a second preference 1 While we conduct de nova review on appeal, we conclude that a remand is warranted in this case because the Director's decision is insufficient for review.
- DismissedNIW · Appeal2021-06-09Research chemical engineerJUN092021_08B5203Engineering
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 unsupported