113 decisions
newest first- DismissedNIW · Appeal2024-09-03Security systems and electrical engineerSEP032024_04B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner does not qualify for the EB-2 classification based on exceptional ability or as an advanced degree professional, and the record also did not establish that a waiver of the required job offer, and thus labor certification, would be in the national interest.
Job creation or economic claims unsupportedNot eligible at the time of filingProposed endeavor too vagueFive years of progressive experience not documentedSupport letters generic or unsupported+4 more - DismissedNIW · Appeal2024-08-22Occupation not statedAUG222024_05B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that although the Petitioner established her eligibility for the EB-2 classification as a member of the professions holding an advanced degree, she did not show that a waiver of the required job offer, and thus labor certification, would be in the national interest.
Degree not shown to be a U.S. advanced degree equivalentJob creation or economic claims unsupportedProposed endeavor too vagueExceptional ability not establishedFive years of progressive experience not documented+4 more - DismissedNIW · Appeal2024-08-19Information technology service business owner and providerAUG192024_03B5203Computing, AI & data
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.
Job creation or economic claims unsupportedFive years of progressive experience not documentedNo broader implications shownNo interest from users, customers or investorsPlan or projections not corroborated+2 more - DismissedNIW · Appeal2024-07-16Industrial engineerJUL162024_07B5203Engineering
The Director of the Texas Service Center denied the petition, concluding the Petitioner had not established eligibility for a waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedBenefits limited to an employer or its clientsProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown - DismissedNIW · Appeal2024-07-16Computer and information systems managerJUL162024_12B5203Computing, 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.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedNo broader implications shown+2 more - RemandedNIW · Appeal2024-05-21Customs and trade specialistMAY212024_02B5203Engineering
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.
Degree not shown to be a U.S. advanced degree equivalentProposed endeavor too vagueFive years of progressive experience not documentedDid not show the waiver outweighs labor certificationPast record does not show influence or success - DismissedNIW · Appeal2024-05-16Occupation not statedMAY162024_02B5203Engineering
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that Petitioner qualifies as an advanced degree professional.
Job creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedArgued the field's importance, not the endeavor'sNo broader implications shown+1 more - DismissedNIW · Appeal2024-05-14Software and web developerMAY142024_05B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 classification.
Exceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2024-04-26Entrepreneur in the field of information technology (IT) educationAPR262024_02B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the Petitioner had not established that the Petitioner qualified for EB-2 visa classification and that a discretionary waiver of the required job offer, and thus of the labor certification, would be in the national interest.
Job creation or economic claims unsupportedFive years of progressive experience not documentedNo broader implications shownDid not show the waiver outweighs labor certification - RemandedNIW · Appeal2024-04-23Computer and information systems managerAPR232024_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.
Degree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documentedDid not show the waiver outweighs labor certification - DismissedNIW · Appeal2024-04-18Occupation not statedAPR182024_10B5203Engineering
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish that the Petitioner qualified for classification as an employment based second preference permanent immigrant and a discretionary waiver of the job offer requirement, and thus a labor certification was not merited upon the application of the analytical framework we first explicated in Matter ofDhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentFive years of progressive experience not documented - DismissedNIW · Appeal2024-04-15Software engineerAPR152024_03B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding 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.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2024-04-02Industrial and quality engineerAPR022024_01B5203Engineering
The Texas Service Center Director denied the Form 1-140, Immigrant Petition for Alien Workers (petition), concluding the Petitioner did not establish that he qualifies for the underlying visa classification or merits a discretionary waiver of the job offer requirement in the national interest.
Exceptional ability not establishedFive years of progressive experience not documentedSupport letters generic or unsupported - DismissedNIW · Appeal2024-02-15Sound engineering technicianFEB152024_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 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.
Claims not backed by documentsJob creation or economic claims unsupportedProposed endeavor too vagueFive years of progressive experience not documentedInconsistencies in the record+3 more - DismissedNIW · Appeal2024-01-25Software quality analyst and testerJAN252024_07B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for the EB-2 classification as an individual of exceptional ability, or that he merits a national interest waiver as a matter of discretion.
Degree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Motion to reopen2023-12-12Business process engineerDEC122023_02B5203Engineering
2 (AAO 2015), we conclude that, while the Petitioner has established eligibility for the EB-2 visa category, he has not demonstrated the merits of his waiver request.
Job creation or economic claims unsupportedFive years of progressive experience not documented - DismissedNIW · Appeal2023-12-12Occupation not statedDEC122023_05B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver under the Dhanasar analytical framework, as a matter of discretion.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentExceptional ability not establishedFive years of progressive experience not documentedInconsistencies in the record+1 more - DismissedNIW · Appeal2023-11-29Information security analyst in the cybersecurity fieldNOV292023_10B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree or as an individual of exceptional ability.
Five years of progressive experience not documentedEvidence submitted too late - DismissedNIW · Appeal2023-11-27Occupation not statedNOV272023_04B5203Computing, AI & data
The Director of the Texas Service Center denied the petition, concluding that the record did not establish the Petitioner's eligibility for the EB-2 classification or for a national interest waiver.
Degree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingExceptional ability not establishedFive years of progressive experience not documented - DismissedNIW · Appeal2023-11-01Human development specialistNOV012023_02B5203Computing, AI & data
The Director of the Nebraska Service Center denied the petition, concluding that although the Petitioner established eligibility for the underlying second preference classification, she did not establish eligibility for a national interest waiver under the framework outlined in Matter of Dhanasar, 26 l&N Dec.
Claims not backed by documentsDegree not shown to be a U.S. advanced degree equivalentNot eligible at the time of filingFive years of progressive experience not documentedSupport letters generic or unsupported