781 decisions
newest first- DismissedNIW · Appeal2020-10-16Process engineerOCT162020_06B5203Engineering
The Director of the Texas Service Center denied the petition and dismissed a subsequent motion, 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 shown - DismissedEB-2 · Appeal2020-10-01Automotive supplierOCT012020_05B5203Engineering
The Director ofthe Texas Service Center denied the petition on the grounds that the evidence ofrecord did not establish that the Beneficiary had the requisite qualifying experience to meet the terms of the labor certification and to be eligible for classification as an advanced degree professional.
- DismissedNIW · Appeal2020-09-29Electrical power network communications engineerSEP292020_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.
No interest from users, customers or investorsPast record does not show influence or success - RemandedNIW · Appeal2020-09-24Mechanical engineerSEP242020_01B5203Engineering
Upon de nova review, we will remand the matter to the Director for further action and consideration.
- SustainedEB-2 · Appeal2020-08-13ManufacturerAUG132020_01B5203Engineering
Based on the evidence in the record, the Petitioner's arguments on appeal, and the information contained in EDGE pertaining to degrees from Mexico and cuatrimestres, we find that the Petitioner has established by a preponderance of the evidence that the Beneficiary completed a program of study resulting in a degree that is the foreign equivalent of a U.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2020-08-06Senior mechanical engineerAUG062020_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the Petitioner's continuing ability to pay the proffered wage from the petition's priority date onward.
Claims not backed by documents - DismissedNIW · Appeal2020-07-24Mechanical engineering researcherJUL242020_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.
Citation record not persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2020-07-24Mechanical engineering researcherJUL242020_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.
Citation record not persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2020-07-23Organic chemistry researcherJUL232020_01B5203Physical sciences & math
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 be 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 persuasiveNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2020-07-21Aerospace engineering researcherJUL212020_06B5203Engineering
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.
Past record does not show influence or success - DismissedNIW · Appeal2020-04-30Semiconductor research engineerAPR302020_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 shownNo interest from users, customers or investors - DismissedNIW · Appeal2020-03-17Engineering managerMAR172020_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 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 unsupportedNo broader implications shown - MotionNIW · Motion to reopen & reconsider2020-03-06Mathematics teacherMAR062020_01B5203Physical sciences & math
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 she had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
- MotionEB-2 · Motion to reopen & reconsider2020-03-06Clothing retailer and manufacturerMAR062020_02B5203Engineering
Since the Beneficiary's MBA program was completed at an institution that lacked national accreditation, the Director concluded that the Beneficiary's MBA did not qualify her for classification as an advanced degree professional.
- DismissedNIW · Appeal2020-02-25Occupation not statedFEB252020_01B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary 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 shownPast record does not show influence or successRelied on a labor shortage - DismissedNIW · Appeal2020-01-28Optical physics researcherJAN282020_01B5203Physical sciences & math
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 he 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 - 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 - DismissedNIW · Appeal2020-01-07Transportation engineering researcherJAN072020_02B5203Engineering
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 she had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Benefits limited to an employer or its clientsNo broader implications shownPast record does not show influence or success - DismissedNIW · Appeal2019-12-10Semiconductor manufacturerDEC102019_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary 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 shown - SustainedEB-2 · Appeal2019-06-25Intraocular lens manufacturer and provider of eye care treatments and solutionsJUN252019_01B5203Engineering
As such, we find that for the petition before us, the Petitioner has established itself as the successor-in-interest of the labor certification employer for the specific position offered on the accompanying labor certification.