36 decisions
newest first- DismissedNIW · Appeal2023-10-26Computer network architectOCT262023_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility under any of the three Dhanasar prongs.
Job creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not establishedFive years of progressive experience not documentedArgued the field's importance, not the endeavor's+3 more - DismissedNIW · Appeal2023-10-05Software engineer and information technology specialistOCT052023_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for the EB-2 classification as a member of the professions holding an advanced degree, but the Petitioner had not established that a waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingArgued the field's importance, not the endeavor'sTried to change the endeavor after filingNo broader implications shown - DismissedNIW · Appeal2023-07-07Instructional coordinatorJUL072023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualifies as an advanced degree professional but that the record did not establish that a waiver of the job offer requirement is in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueInconsistencies in the recordTried to change the endeavor after filing+2 more - DismissedNIW · Appeal2023-04-27Computer software engineerAPR272023_03B5203Computing, AI & data
The Director of the Nebraska 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 filingBenefits limited to an employer or its clientsTried to change the endeavor after filing - DismissedNIW · Appeal2023-04-05Software developerAPR052023_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner was eligible for or otherwise merited a national interest waiver.
Proposed endeavor too vagueTried to change the endeavor after filingNo broader implications shownRelied on a labor shortage - 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 - DismissedNIW · Appeal2023-02-08Information technology project managerFEB082023_01B5203Computing, AI & data
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 beinthenationalinterest.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsTried to change the endeavor after filingNo broader implications shown+1 more - DismissedNIW · Appeal2023-02-02Occupation not statedFEB022023_01B5203Physical sciences & math
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for the EB-2 classification, and 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.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingFive years of progressive experience not documentedTried to change the endeavor after filing+1 more - DismissedNIW · Appeal2023-01-24StatisticianJAN242023_02B5203Physical sciences & math
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 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 unsupportedNot eligible at the time of filingTried to change the endeavor after filingRelied on a labor shortage - SustainedEB-2 · Appeal2022-12-14Senior software engineerDEC142022_02B5203Computing, AI & dataInconsistencies in the recordTried to change the endeavor after filing
- DismissedNIW · Appeal2022-11-02Database engineerNOV022022_03B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that while the record showed that the Petitioner qualified as a member ofthe professions holding an advanced degree, it did not establish that a waiver of the job offer requirement of that visa classification would be in the national interest.
Claims not backed by documentsJob creation or economic claims unsupportedTried to change the endeavor after filingNo interest from users, customers or investorsNo urgency shown+1 more - 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 - 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 - MotionNIW · Motion to reopen2021-12-30Research coordinatorDEC302021_01B5203Computing, AI & data
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.
Not eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - MotionNIW · Motion to reopen2021-11-30Research coordinatorNOV302021_02B5203Computing, AI & data
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.
Not eligible at the time of filingInconsistencies in the recordTried to change the endeavor after filing - 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