132 decisions
newest first- DismissedNIW · Appeal2022-05-09Information technology professionalMAY092022_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for classification as an individual of exceptional ability, and 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.
Exceptional ability not established - DismissedNIW · Appeal2021-12-17Engineering project managerDEC172021_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner qualifies as a member of the professions holding an advanced degree, the record did not establish that the proposed endeavor is of national importance, that he is well positioned to advance his endeavor, or that a waiver of the requirement of ajob offer would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established - DismissedNIW · Appeal2021-12-06Geophysicist engineerDEC062021_03B5203Engineering
Nevertheless, the Director denied the petition, concluding that the evidence did not establish that the proposed endeavor is of national importance or that a waiver of the requirement of ajob offer 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'sInconsistencies in the recordPast record does not show influence or success - DismissedNIW · Appeal2021-10-29Chemical engineerOCT292021_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the substantial merit or national importance of the proposed endeavor or that the Petitioner is well positioned to advance it.
Exceptional ability not establishedFive years of progressive experience not documentedNo interest from users, customers or investors - DismissedNIW · Appeal2021-09-21Occupation not statedSEP212021_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established eligibility for EB-2 classification and that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Exceptional ability not establishedSupport letters generic or unsupported - DismissedNIW · Appeal2021-09-07Occupation not statedSEP072021_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility as a member ofthe professions holding an advanced degree and that a waiver of the required job offer, and thus ofthe labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedNIW · Appeal2021-08-25Designer and manufacturer of medical devicesAUG252021_01B5203Engineering
wmkers 1 2 Initially, the Director ruled that the Petitioner did not demonstrate the position's need for a member of the professions holdinganadvanceddegree.
- DismissedNIW · Appeal2021-08-03Software developerAUG032021_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not qualify for classification as an individual of exceptional ability and had not established that a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Exceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2021-07-20Chemical engineerJUL202021_08B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the national importance of the proposed endeavor or that the Petitioner is well positioned to advance the proposed endeavor.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedNot eligible at the time of filingExceptional ability not established+3 more - RemandedNIW · Appeal2021-07-15Flight simulator engineerJUL152021_01B5203Engineering
Upon de nova review, we will withdraw the Director's decision and remand the matter for further consideration and the entry of a new decision consistent with the following analysis.
Exceptional ability not established - DismissedEB-2 · Appeal2021-06-30Product engineering and consulting businessJUN302021_01B5203Engineering
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary has the requisite experience to qualify for the proffered position under the terms of the labor certification.
Degree not shown to be a U.S. advanced degree equivalent - DismissedNIW · Appeal2021-06-30Software developer and entrepreneurJUN302021_02B5203Computing, AI & data
The Director ofthe Nebraska Service Center denied the petition, concluding that the Petitioner did not show that he qualifies for classification as an individual of exceptional ability or 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 equivalentInconsistencies in the record - DismissedNIW · Appeal2021-04-15Software developerAPR152021_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner met the initial evidentiary requirement for an individual of exceptional ability by meeting at least three of the six evidentiary criteria under 8 C.
Proposed endeavor too vagueExceptional ability not establishedArgued the field's importance, not the endeavor'sNo broader implications shownNo interest from users, customers or investors+3 more - DismissedEB-2 · Appeal2020-10-01Social network websiteOCT012020_01B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition on the ground that the evidence of record did not establish that the Beneficiary met the minimum experience and special skills requirements of the labor certification.
Inconsistencies in the recordSupport letters generic or unsupported - 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 · Appeal2018-01-19Senior software engineerJAN192018_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the Beneficiary's possession ofthe minimum education required for the offered position.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - DismissedEB-2 · Appeal2018-01-19Provider of software development and testing servicesJAN192018_04B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish the Beneficiary's possession of the minimum education required for the oflered position.
Degree not shown to be a U.S. advanced degree equivalent - DismissedEB-2 · Appeal2018-01-19Software development and testing companyJAN192018_05B5203Computing, 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.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filing - DismissedEB-2 · Appeal2017-12-21Software developerDEC212017_01B5203Computing, AI & data
The Director of the Texas Service Center denied the petition on the ground that Petitioner did not establish that the Beneficiary met the minimum experience requirement of the labor certification.
Inconsistencies in the record