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Showing 2701–2725 of 7923 (page 109 / 317)
DEC042023_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
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The Director determined that the Petitioner qualifies for the EB-2 classification as a professional holding the foreign equivalent of an advanced degree. The remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. As a preliminary matter, the Petitioner asserts on appeal that in deny…
DEC042023_14B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
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Whilst the Director found that the Petitioner qualifies as a member of the professions holding an advanced degree, the Director concluded the Petitioner's substantially meritorious proposed endeavor was not of national importance, nor were they well positioned to advance their proposed endeavor such that on balance a waiver of the requirement of a job offer…
DEC042023_16B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
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The sole issue on appeal is whether, using the Dhanasar test, the Petitioner qualifies for a waiver of the job offer requirement in the exercise ofdiscretion. The Director concluded that while the Petitioner meets the second prong of Dhanasar by being well-positioned to advance her endeavor, she does not meet the first or third prongs and so does not qualif…
DEC012023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 2023
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The Director determined that the Petitioner did not provide sufficient documentation to establish his eligibility under any of the ten regulatory criteria found at 8 C.F.R. § 204.5(h)(3). 1 Moreover, citing to 8 C.F.R. § 204.5(h)(5), the Director concluded that the Petitioner had not established "by clear evidence that [he] is coming to the United States to…
DEC012023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 2023
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Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. At initial filing, the Petitioner's cover letter stated: [The Petitioner] is an especially educated and experienced in IT infrastructure for business development, growth, and continuity…
DEC012023_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 2023
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The Applicant, a native and citizen of Mexico, filed the instant waiver application in August 2021, as she was informed that she was inadmissible under section 212(a)(2)(A)(i)(I) of the Act, for a CIMT under Texas Penal Code Section 22.04 for Negligent Injury to a Child for which she was sentenced to a two-year suspended imprisonment. After entering a plea…
DEC012023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 2023
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The Applicant is currently in the United States and seeks advance permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing from the United States to obtain an immigrant visa abroad. He does not contest that he has an outstanding order of removal and will be inadmissible under section 212( a)(9)(A)(ii) ofthe Act…
DEC012023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 2023
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The Acting Director determined that the Petitioner was a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that he is an industrial engineer specialized in the mass consumption industry with 14 yea…
NOV302023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2023
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The Petitioner is a hair stylist who has participated in fashion-related competitions and performed work as a hair stylist in support of film productions abroad, among other things. He provided evidence such as a sublease for a hair stylist chair from a salon as his means to provide hair styling services to his customers, and he intends to continue working…
NOV302023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2023
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The Petitioner's evidence establishes that he qualifies for the underlying EB-2 classification as an advanced degree professional. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. While we do not discuss each piece of evidence individually, we have reviewed and…
NOV302023_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2023
—
The Petitioner, a native and citizen of Venezuela, first entered the United States in April 2016 on an exchange visitor visa. The Petitioner married D-W-P- 1 in c=J201 7. The Petitioner filed the instant VA WA petition in January 2020 based on that marriage. The Petitioner submitted initial evidence with her VA WA petition.2 The Director subsequently issued…
NOV302023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2023
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The record indicates that the Applicant entered the United States in 1994 or 1995 without inspection, admission, or parole and applied for asylum. She did not attend her asylum interview and was placed in removal proceedings inl 11997. Because the Applicant did not appear for a scheduled removal hearing, inl II 997 an Immigration Judge ordered her removed f…
NOV302023_04B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2023
—
The Petitioner, a software engineer and developer, provided evidence to establish his eligibility under seven of the ten regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i) -(v), (viii), and (ix). 1 The Director concluded he met the judging criteria at 8 C.F.R. § 204.5(h)(3)(iv) and we agree. On appeal, the Petitioner limits his claims to the criteria at 8 C.F…
NOV302023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2023
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The Director found that the Petitioner qualifies for the EB-2 classification as an advanced degree professional, based upon obtaining the foreign equivalent of a bachelor's degree in electronics engineering and at least five years of progressive experience in the specialty. The Director also found that the Petitioner established the substantial merit of the…
NOV302023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2023
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We agree with the Director's conclusion that the Petitioner qualifies as a member of the professions holding an advanced degree. 2 Therefore, the issue before us on appeal is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Director concluded that w…
NOV292023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
By regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.S(a)(l)(i). The issue before us is whether the Petitioner established that our decision to dismiss the prior appeal was
based on an incorrect application of law or USCIS policy. We therefore incorporate our prior decision by reference and will repeat only certain facts…
NOV292023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The remaining issue to be determined is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has n…
NOV292023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
The
Petitioner, a native and citizen ofNigeria, entered the United States in December 2016 on a visitor visa. He filed the instant VA WA petition in April 2019 based on a claim ofbattery and extreme cruelty by his U.S. citizen spouse, R-W-. 1 In the record before the Director, the Petitioner exrained that he was "downcast and empty" after his divorce from h…
NOV292023_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
Onl 12021, the Family Court o±i ICounty, New York (Family Court) issued an order entitled Order Appointing Guardian ofthe Person (guardianship order) and awarded custody of the Petitioner to R-V-. 2 On the same date, the court also issued a separate finding, determining in part, that the Petitioner's reunification with his parents was viable. The court foun…
NOV292023_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
In 2019, the Applicant was charged with arson ("burning in cooperation") in violation of Article 3 71 ofthe Penal Code ofJordan for 1960, with "exasperating penalties" under Article 16 ofthe same Code; and inl 12020, he was ultimately convicted ofinciting or instigating arson ("incitement to bum") based on amended charge under Article 80/1 of the same Penal…
NOV292023_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
The Petitioner filed her VA WA petition in August 2020 based on abuse she experienced during her marriage to her LPR spouse. At the time, she indicated that she had never been arrested. However, the Director subsequently issued a request for evidence (RFE) because the Petitioner was arrested and convicted of a crime while her VA WA petition was pending. InC…
NOV292023_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
Inl I2021, when the Petitioner was 1 7 years old, a Florida Circuit Court ( state juvenile court) issued an Order on Petition for Temporary Custody by Immediate Family (guardianship order), appointing the Petitioner's sister as his sole guardian in the United States. In addition to the guardianship order, the Petitioner also submitted a copy ofhis sister's…
NOV292023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
The Petitioner intends to provide IT services to businesses in the United States. The Petitioner asserts that he qualifies for the EB-2 classification as an individual of exceptional ability. The Director concluded that the Petitioner did not establish that he meets the EB-2 eligibility requirements. On appeal, the Petitioner asserts that the Director's dec…
NOV292023_04B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
On December 2, 2022, the Director issued a request for evidence (RFE)4 discussuing the Petitioner's endeavor to provide legal consultancy services in the United States and how the evidence of record did not establish his eligibility for a national interest waiver under the Dhanasar framework. While the RFE did not explain whether or not the Petitioner qualf…
NOV292023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 29, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The record supports that conclusion. The remaining issue for consideration on appeal is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, would be in the national interest. F…