46 decisions
newest first- DismissedNIW · Appeal2024-01-26Veterinary dentistJAN262024_01B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding that the record did not establish 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 equivalent - DismissedNIW · Appeal2023-12-26Medical health services manager proposing to start her own home health care companyDEC262023_02B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the proposed endeavor was of national importance and that, on balance, it was not in the interest ofthe United States to waive the job offer requirement.
Job creation or economic claims unsupportedProposed endeavor too vagueExceptional ability not establishedArgued the field's importance, not the endeavor'sInconsistencies in the record+4 more - DismissedNIW · Appeal2023-12-20Nurse technicianDEC202023_06B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement in the national interest.
Exceptional ability not established - DismissedNIW · Appeal2023-11-09NurseNOV092023_01B5203Clinical & health
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not establish that she qualifies as an individual of exceptional ability and, therefore, the issue ofqualifying for a national interest waiver was moot to the petition's decisional outcome.
- DismissedNIW · Appeal2023-11-07NurseNOV072023_12B5203Clinical & health
The Director concluded that the record did not demonstrate the Petitioner merits a discretionary waiver of the job offer requirement in the national interest.
Benefits limited to an employer or its clientsExceptional ability not establishedSupport letters generic or unsupportedNo broader implications shownRelied on a labor shortage - DismissedNIW · Appeal2023-08-10Certified nursing assistantAUG102023_03B5203Clinical & health
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for a national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentProposed endeavor too vagueInconsistencies in the recordPlan or projections not corroboratedPast record does not show influence or success - DismissedNIW · Appeal2023-07-17Dentist should this petition be approvedJUL172023_04B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for classification as a professional holding an advanced degree or an individual of exceptional ability, and did not establish that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Exceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupported - RemandedNIW · Appeal2023-06-27Nurse and caregiverJUN272023_01B5203Clinical & health
Upon de nova review, we wi 11 withdraw the Director's decision and remand the matter for entry of a new decision consistent with the following analysis.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2023-06-13Radiology technicianJUN132023_04B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is an individual of exceptional ability nor that a waiver of the job offer requirement is in the national interest.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedInconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Appeal2023-04-27Dental healthcare workerAPR272023_06B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding that the record did not establish either the Petitioner's eligibility for EB-2 classification or that a waiver ofthe classification's job offer requirement would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingProposed endeavor too vagueExceptional ability not establishedFive years of progressive experience not documented+4 more - DismissedNIW · Appeal2023-04-05NurseAPR052023_03B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for a national interest waiver under the Dhanasar framework.
Degree not shown to be a U.S. advanced degree equivalentProposed endeavor too vagueExceptional ability not establishedFive years of progressive experience not documentedInconsistencies in the record+2 more - DismissedNIW · Appeal2023-03-29Occupation not statedMAR292023_04B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding the record did not establish the Petitioner is well positioned to advance his proposed endeavor or that it would be beneficial to the United States to waive the requirements of ajob offer and labor certification.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNo interest from users, customers or investorsPast record does not show influence or success - DismissedNIW · Appeal2022-10-27Occupation not statedOCT272022_02B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability, nor had she 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 filingExceptional ability not establishedFive years of progressive experience not documented+2 more - DismissedNIW · Appeal2022-10-05Physical therapistOCT052022_02B5203Clinical & health
Nevertheless, the Director denied the petition, concluding that the evidence did not establish the national importance of the proposed endeavor or that a waiver of the requirement of a job offer would be in the national interest.
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+2 more - DismissedNIW · Appeal2022-08-08NurseAUG082022_02B5203Clinical & health
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner qualified for classification as an individual of exceptional ability.
Not eligible at the time of filingSupport letters generic or unsupported - DismissedNIW · Appeal2022-05-25Physical therapistMAY252022_01B5203Clinical & health
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is eligible as an individual of exceptional ability.
Citation record not persuasiveJob creation or economic claims unsupportedProposed endeavor too vagueEvidence submitted too late - DismissedEB-2 · Appeal2021-12-03Long-term care skilled nursing facilityDEC032021_01B5203Clinical & health
The Director determined that the Petitioner did not establish that the Beneficiary met the educational and experience requirements of the labor certification.
Inconsistencies in the recordSupport letters generic or unsupported - DismissedNIW · Appeal2021-10-20Martial arts fighterOCT202021_01B5203Clinical & health
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not establish that he is an individual o f exceptional ability.
Not eligible at the time of filingExceptional ability not established - DismissedNIW · Appeal2021-08-23Physical therapistAUG232021_05B5203Clinical & health
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established his eligibility as a member ofthe professions holding an advanced degree, as an individual of exceptional ability, and that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Five years of progressive experience not documented - DismissedNIW · Appeal2021-08-10Occupation not statedAUG102021_04B5203Clinical & health
The Director ofthe Texas Service Center denied the Form 1-140, Immigrant Petition for Alien Worker, concluding that the Petitioner is not qualified for classification as a member of the professions holding an advanced degree, and that he did not establish 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 filingProposed endeavor too vagueSupport letters generic or unsupported+1 more