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Showing 2951–2975 of 7923 (page 119 / 317)
OCT162023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2023
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As noted above, the Director did not address whether the Petitioner qualified for second-preference classification as either a member of the professions holding an advanced degree or, in the alternative, as an individual of exceptional ability. See section 203(b )(2) of the Act. Because we nevertheless find that the record does not establish that a waiver o…
OCT162023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2023
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A. Relevant Evidence and Procedural History Inl 12021, when the Petitioner was 1 7 years old, the Circuit Court ofthe Fourth Judicial Circuit in and forl !County, Florida (juvenile court) issued an order titled ORDER OF ADJUDICATION OF DEPENDENCY (dependency order) finding the Petitioner under its jurisdiction, thus acting as a juvenile court under Florida…
OCT162023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2023
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The Petitioner proposes to work as an aircraft mechanic. The Director found that the Petitioner established only that the proposed endeavor has substantial merit. The Director determined that the Petitioner did not establish the endeavor's national importance, nor that he is well-positioned to advance the endeavor, nor that, on balance, waiving the job offe…
OCT162023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2023
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The Director determined the Applicant, a citizen of Albania, was inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation of a material fact, and the Applicant, who is seeking adjustment of status, therefore filed this Form 1-601 to waive his inadmissibility. In denying the Form 1-601, the Director determined that the App…
OCT162023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2023
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As stated above, in order to be eligible for a national interest waiver, a petitioner must establish that they are eligible for the EB-2 classification, either as a member ofthe professions holding an advanced degree or as an individual of exceptional ability. The Director did not include a determination of the Petitioner's eligibility for the EB-2 classifi…
OCT132023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2023
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A. The Proposed Endeavor
The Petitioner, a Venezuelan native and citizen, attended university in his home country, earning a titulo de ingenerio de telecomunicaciones. He has since gained about 10 years of experience working in the telecommunications field. He seeks to continue working as a telecommunications engineer in the United States.
B. Advanced Degr…
OCT132023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2023
—
Inl I2022, when the Petitioner was 20 years old, the Circuit Court ofl !county, Arkansas (Circuit Court) issued an Order of Permanent Guardianship of the Person (guardianship order) appointing the Petitioner's cousin as her permanent guardian. The Circuit Court determined that the Petitioner was "incapacitated by reason of her mental disability of Posttraum…
OCT132023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2023
—
A. The Proposed Endeavor
The Petitioner, a Brazilian national and citizen, attended university in her home country, earning a titulo de enfermeira and two post-graduate certificates in family health and oncology. She claims that, before entering the United States in 2017, she gained more than eight years ofnursing experience in Brazil. In May 2020, the Peti…
OCT132023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2023
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A. Categorical Ineligibility for EB-2 Classification In the first instance, we note the Director's RFE requested the Petitioner provide evidence to demonstrate their categorical eligibility for classification as an EB-2 immigrant. The Director's decision made no express observations relating to the Petitioner's EB-2 categorical eligibility. We conclude the…
OCT132023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2023
—
The Petitioner proposes to work on developing strategies and methods related to early childhood development, particularly using project-based learning approaches. The Petitioner states that to further her endeavor in the United States, she intends to create a "skills development center" for children ages 5 to 12, and that she will also circulate her work th…
OCT132023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2023
—
As stated above, the Director determined that the Petitioner qualifies as an advanced degree professional. The Director based this conclusion upon the Petitioner's bachelor's degree in biological sciences from Brazil and his work experience. See 8 C.F.R. § 204.5(k)(2) (an individual who possesses a United States bachelor's degree or the foreign equivalent d…
OCT122023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2023
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The Petitioner asserted that he is an individual of extraordinary ability as a DJ, sound producer, and digital marketer. The Director's decision stated: USCIS considers the field of digital marketing to be a different field from that of being a DJ or Sound Producer... A beneficiary must show how he will continue working in the United States in the claimed a…
OCT122023_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 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 a labor certification, would be in the national interest. Upon de novo review, we conclude that a remand is warran…
OCT122023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2023
—
The priority date in this matter is November 30, 2008, the date on which DOL received the DOL ETA Form 9089, Application for Permanent Employment Certification, for processing. Although the Director addressed additional issues in the NOIR, as noted above, the Director ultimately revoked the approval ofthe Form 1-140, Immigrant Petition for Alien Workers, so…
OCT122023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2023
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A. Member of the Professions Holding an Advanced Degree In order to show that a petitioner holds a qualifying advanced degree, the petition must be accompanied by "[ a ]n official academic record showing that the alien has a United States advanced degree or a foreign equivalent degree." 8 C.F.R. § 204.5(k)(3)(i)(A). Alternatively, a petitioner may present "…
OCT122023_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2023
—
The Director denied the Form N-600K, concluding that the Applicant had not shown that she satisfied the conditions for deriving U.S. citizenship at section 322 of the Act because the Applicant was residing in the United States pursuant to a lawful admission for permanent residence and therefore did not show that she is residing abroad in the legal and physi…
OCT122023_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2023
—
In 2001, the Applicant was convicted of a Misdemeanor Battery of a Current or Former Significant Other in violation of California Penal Code ("CPC") section 243(e)(l) resulting in a 20-day jail sentence and 3-year probation; and, in 2010, he was convicted ofFelony Vandalism under CPC section 594(a)(b)(l) for which he was sentenced to 180 days in county jail…
OCT122023_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2023
—
The Petitioner, a business administrator, proposes to work in the United States as a financial analyst. The Director determined that the Petitioner established his eligibility as a member of the professions holding an advanced degree based on his possession of a U.S. master's degree in business administration. However, the Director concluded the Petitioner…
OCT112023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2023
—
Because the Petitioner has not indicated or established that she has received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner initially claimed that she could meet up to five of the ten criteria. The Director determined that the Petitioner had me…
OCT112023_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2023
—
The Applicant, a native and citizen of Honduras, last entered the United States without inspection, admission, or parole in August 2001. She filed her T application in November 2019 on the basis that she was the victim of commercial sex trafficking. The Director determined that the record established the Applicant was the victim of a severe form of traffick…
OCT112023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2023
—
A. National Interest Waiver
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The issue to be determined 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. As a preliminary matter, on appeal the…
OCT102023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2023
—
The Petitioner is an entrepreneur seeking to demonstrate eligibility in the EB-2 classification based on their exceptional ability. A Petitioner must demonstrate expertise significantly above that ordinarily encountered to show that they are of exceptional abili . In su ort, the Petitioner submitted certification in Advanced Bakery Technical Training from._…
OCT102023_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2023
—
The Petitioner filed the instant petition on behalf of the Beneficiary to seek the Beneficiary's services in the Petitioner's proffered position of technical program manager for a one-year period.2 The Director's request for evidence (RFE) notified the Petitioner ofthe limitation to extensions beyond the six-year limitation to H-lB stay and invited the Peti…
OCT102023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2023
—
On appeal, the Applicant contests the Director's finding that she is inadmissible under section 212(a)(6)(C)(i) of the Act. The Applicant also asserts that she has established that her spouse will experience extreme hardship if she is denied admission and that she merits a favorable exercise of discretion. The issues on appeal therefore are whether the Appl…
OCT102023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 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 a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has not…