79 decisions
newest first- DismissedNIW · Appeal2022-03-03Geology researcherMAR032022_01B5203Physical 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 persuasivePast record does not show influence or success - DismissedNIW · Appeal2021-09-02Software engineerSEP022021_03B5203Computing, AI & data
The Director of the Nebraska 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 · 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 - 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 · Appeal2021-05-10Materials chemistry researcherMAY102021_01B5203Physical sciences & math
Specifically, the Director determined that although the Petitioner qualified 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.
Citation record not persuasiveNot eligible at the time of filingPast record does not show influence or success - DismissedEB-2 · Appeal2021-04-07Senior SAS programmer analystAPR072021_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record establish that the Petitioner did not establish that a bona fide job offer of full-time permanent employment existed or that it intended to employ the Beneficiary in the offered position.
Citation record not persuasiveClaims not backed by documentsInconsistencies in the recordNo interest from users, customers or investors - DismissedNIW · Appeal2021-01-19Physics researcherJAN192021_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 persuasive - 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 · Appeal2019-03-12Mathematics teacher and education researcherMAR122019_03B5203Physical sciences & math
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, and a subsequent motion, 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.
Citation record not persuasiveBenefits limited to an employer or its clientsNo broader implications shownPast record does not show influence or success - DismissedEB-2 · Appeal2018-01-26IT services companyJAN262018_02B5203Computing, AI & data
If the labor certification allows for less than an advanced degree, the position will not qualify for EB-2 classification.
Citation record not persuasiveInconsistencies in the record - DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_01B5203Computing, AI & data
The Director found that the evidence of record did not establish that the Beneficiary met the minimum educational requirements for the offered position.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingDid not show the waiver outweighs labor certification - DismissedEB-2 · Appeal2017-02-14Software development and support firmFEB142017_01B5203Computing, AI & data
1 For the reasons noted above, we find that the Petitioner has not established that the job;offer portion of the labor certification requires a professional holding an advanced degree or its equivalent, and as such, the labor certification does not support the requested classification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2016-02-29· old NYSDOT testNon-public school for the autistic and developmentally disabledFEB292016_01B5203Computing, AI & data
The Director determined that the Petitioner had not established that the Beneficiary met the minimum requirements of the labor certification.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentInconsistencies in the record - MotionEB-2 · Motion to reopen & reconsider2015-12-09· old NYSDOT testSoftware engineerDEC092015_02B5203Computing, AI & data
0 • The Director concluded that the record at the time of the petition's approval did not establish the Petitioner's continuing ability to pay the Beneficiary's proffered wage.
Citation record not persuasiveDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documented - DismissedNIW · Motion to reopen & reconsider2015-04-22· old NYSDOT testOccupation not statedAPR222015_04B5203Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - RemandedNIW · Appeal2014-04-22· old NYSDOT testOccupation not statedAPR222014_01B5203Physical sciences & math
Because the petitioner has not established eligibility for the benefit sought, we will remand the petition for a new decision.
Citation record not persuasiveInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2014-01-10· old NYSDOT testOccupation not statedJAN102014_01B5203Physical sciences & math
The director found that the petitioner qualifies for classification as a member of the professions holding an advanced degree, but that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest of the United States.
Citation record not persuasiveClaims not backed by documentsArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success - RemandedEB-2 · Appeal2013-12-12· old NYSDOT testOccupation not statedDEC122013_01B5203Computing, AI & data
Thus, the petition will be remanded for the director to determine whether the beneficiary is a member of the professions holding an advanced degree, and that the offered position requires, at a minimum, a [p5] (b)(6) NON-PRECEDENT DECISION Page 5 professional holding an advanced degree.
Citation record not persuasiveInconsistencies in the record - DismissedNIW · Motion to reopen & reconsider2013-03-08· old NYSDOT testOccupation not statedMAR082013_05B5203Physical sciences & math
that the petitioner has not established that an exemption from the requirement of a job offer would be in the national interest ofthe United States.
Citation record not persuasiveArgued the field's importance, not the endeavor'sNo interest from users, customers or investorsPast record does not show influence or success