51 decisions
newest first- DismissedNIW · Appeal2023-11-21Automotive technicianNOV212023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility as an individual of exceptional ability and that a waiver ofthe required job offer, and thus of the labor certification, would be in the national interest.
Support letters generic or unsupportedNo broader implications shownPast record does not show influence or success - DismissedNIW · Appeal2023-09-26Electrical and automation engineerSEP262023_06B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner's endeavor would have national importance, that the Petitioner is wellpositioned to advance that endeavor, or that, on balance, it would benefit the United States to waive the job offer requirement.
Claims not backed by documentsJob creation or economic claims unsupportedNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Appeal2023-09-18Plastic packaging manufacturerSEP182023_06B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Beneficiary did not qualify for classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Exceptional ability not establishedFive years of progressive experience not documentedNo broader implications shown - DismissedNIW · Appeal2023-08-24Bodywork technician in the automotive industryAUG242023_13B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that he qualifies as an individual of exceptional ability and, therefore, the issue of qualifying for a national interest waiver was moot to the petition's decisional outcome.
- DismissedNIW · Appeal2023-06-20Mechanical engineerJUN202023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that he was eligible for, and otherwise merited as a matter of discretion, a national interest waiver.
Job creation or economic claims unsupportedNot eligible at the time of filingBenefits limited to an employer or its clientsFive years of progressive experience not documentedSupport letters generic or unsupported+1 more - DismissedNIW · Appeal2023-06-13Operations manager and automotive repair mechanicJUN132023_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the underlying EB-2 immigrant classification.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-05-18Manufacturing technicianMAY182023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner did not establish eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar framework.
Exceptional ability not establishedArgued the field's importance, not the endeavor's - DismissedNIW · Appeal2023-04-18Eyeglass manufacturerAPR182023_03B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish either the Beneficiary's qualification for the EB-2 immigrant classification or that a waiver ofthe classification's job offer requirement would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not established - DismissedNIW · Appeal2023-03-01Electrical engineer in the field of industrial automationMAR012023_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner is either a member of the professions holding an advanced degree or an individual of exceptional ability.
Claims not backed by documentsExceptional ability not established - DismissedNIW · Appeal2023-01-31Electronic engineering technicianJAN312023_01B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that that the Petitioner had not established eligibility 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.
Support letters generic or unsupportedNo broader implications shownPast record does not show influence or success - DismissedNIW · Appeal2023-01-11EngineerJAN112023_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not established eligibility under the Dhanasar framework.
Not eligible at the time of filingProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown - DismissedNIW · Appeal2022-10-06Electrical engineer specializing in electric vehicle technologyOCT062022_01B5203Engineering
However, the Director noted that the letters of employment do not state the duties the Petitioner performed, and, therefore, he could not establish the five years of required post- baccalaureate experience in the specialty.
Claims not backed by documentsFive years of progressive experience not documentedDid not show the waiver outweighs labor certification - DismissedEB-2 · Appeal2022-08-25Research and manufacturing businessAUG252022_02B5203Engineering
5, Schedule A, Group IL The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish, as required, that the Beneficiary satisfied at least two of the seven evidentiary criteria at 20 C.
Exceptional ability not establishedSupport letters generic or unsupportedEvidence submitted too late - DismissedEB-2 · Appeal2022-07-28Manufacturers' representative companyJUL282022_02B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that because the position requires only a bachelor's degree without any experience, the minimum requirements of the position do not qualify as an advanced degree.
- 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 · Appeal2021-08-25Designer 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 · Appeal2021-07-20Chemical 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