354 decisions
newest first- MotionNIW · Motion to reopen & reconsider2025-01-23Consultant and/or advisor in the field of electronic engineering (cybersecurity)JAN232025_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he merited a waiver of the job offer and labor certification requirements for EB-2 classification.
Claims not backed by documentsInconsistencies in the recordLabor certification not shown to be impractical - MotionNIW · Motion to reopen & reconsider2025-01-21Entrepreneur in the field of production engineeringJAN212025_07B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner is eligible for a waiver of the job offer requirement in the national interest.
- MotionNIW · Motion to reopen & reconsider2025-01-14Construction manager and civil engineerJAN142025_03B5203Engineering
We then dismissed a second combined motion to reopen and motion to reconsider because the Petitioner did not establish we erred by dismissing the prior combined motion to reopen and motion to reconsider as untimely.
- MotionNIW · Motion to reopen & reconsider2025-01-07Occupation not statedJAN072025_02B5203Physical sciences & math
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not establish that a waiver of the job offer, and thus of the labor certification, would be in the national interest.
- MotionNIW · Motion to reopen & reconsider2025-01-06Agronomist engineerJAN062025_06B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish that eligibility for a waiver ofthe required job offer, and thus ofthe labor certification, would be in the national interest.
- MotionNIW · Motion to reopen & reconsider2024-12-30Software developerDEC302024_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner qualifies for the national interest waiver.
- MotionNIW · Motion to reopen & reconsider2024-12-12Aircraft mechanical maintenance specialistDEC122024_07B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish eligibility for the underlying EB-2 immigrant classification or a national interest waiver.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsProposed endeavor too vagueTried to change the endeavor after filing+1 more - MotionNIW · Motion to reopen & reconsider2024-12-05Mathematics teacherDEC052024_01B5203Physical sciences & math
A motion that does not satisfy the applicable requirements must be dismissed.
- DismissedNIW · Motion to reopen2024-12-03Software developerDEC032024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record established the Petitioner's exceptional ability, but did not establish that he qualifies for the national interest waiver.
Job creation or economic claims unsupportedProposed endeavor too vagueTried to change the endeavor after filingNo interest from users, customers or investorsPlan or projections not corroborated+1 more - DismissedNIW · Motion to reopen2024-11-12HVAC professionalNOV122024_04B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that he qualified for classification as an individual of exceptional ability.
Not eligible at the time of filingExceptional ability not establishedInconsistencies in the record - MotionNIW · Motion to reconsider2024-11-06Electrical technician and consultantNOV062024_03B5203Engineering
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 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 unsupported - MotionNIW · Motion to reopen & reconsider2024-11-05Cyber-physical system consultant who claims that he is also an entrepreneurNOV052024_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the Petitioner had not established a waiver of the required job offer, and thus of the labor certification, would be in the national interest, and affirmed the denial on a subsequent motion to reopen and reconsider.
Not eligible at the time of filingEvidence submitted too lateNo interest from users, customers or investorsPast record does not show influence or success - MotionNIW · Motion to reopen & reconsider2024-11-05Civil engineerNOV052024_02B5203Engineering
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Workers (national interest waiver), concluding the Petitioner had not established a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investorsPlan or projections not corroborated - MotionNIW · Motion to reopen & reconsider2024-11-04Information technology entrepreneurNOV042024_08B5203Computing, AI & data
The Director of the Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Workers (national interest waiver), concluding the Petitioner had not established 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 filing - MotionNIW · Motion to reopen & reconsider2024-11-01Automotive technicianNOV012024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish eligibility as an individual of exceptional ability and that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
- MotionNIW · Motion to reconsider2024-10-31Entrepreneur and information technology managerOCT312024_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner qualified for classification as a professional holding an advanced degree, but did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Relied on a labor shortage - DismissedNIW · Motion to reopen2024-10-31Petroleum engineerOCT312024_05B5203Engineering
The Director of the Texas Service Center denied the petition and the subsequent motion to reopen and reconsider, concluding the Petitioner had not established that eligibility for a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Job creation or economic claims unsupportedProposed endeavor too vagueNo broader implications shownPlan or projections not corroboratedPast record does not show influence or success+1 more - DismissedNIW · Motion to reopen2024-10-29Computer systems analystOCT292024_04B5203Computing, AI & data
The Director ofthe Texas Service Center denied the petition, concluding the Petitioner did not establish that he was an individual of exceptional ability.
Citation record not persuasiveExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupportedEvidence submitted too late+1 more - MotionNIW · Motion to reconsider2024-10-17Occupation not statedOCT172024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that the Petitioner is eligible for, and merits as a matter of discretion, a national interest waiver.
Proposed endeavor too vagueArgued the field's importance, not the endeavor'sSupport letters generic or unsupportedRelied on a labor shortage - MotionNIW · Motion to reopen & reconsider2024-10-07Industrial automation developerOCT072024_03B5203Computing, AI & data
Our most recent decision dismissed the Petitioner's motion to reconsider because it did not demonstrate or assert our misapplication of law or policy.