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Showing 3026–3050 of 7923 (page 122 / 317)
SEP262023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
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A. EB-2 Visa Classification
The Director determined that the Petitioner is a member ofthe professions holding an advanced degree. However, upon de novo review, we disagree. In addition to the definition of "advance degree" provided at 8 C.F.R. § 204.5(k)(2), the regulation at 8 C.F.R. § 204.5(k)(3)(i)(B) provides that a petitioner present "[a]n official aca…
SEP262023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined 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 first prong, substantial…
SEP262023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
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A. National Importance
The Petitioner, an electrical engineer who is currently employed in the United States as a fire alarm systems estimator, seeks to work as an automation and electrical engineer in the petroleum industry. The Director found that the Petitioner qualifies as an advanced degree professional, but does not meet any of the prongs of the Dhana…
SEP262023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The record reflects that determination. However, the Director found the record did not establish that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Director found that while the Peti…
SEP262023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
The Director's decision did not render a determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree or as an individual of exceptional ability. Instead, the decision only addressed the Petitioner's eligibility for a national interest waiver. Therefore, the issue for consideration on appeal is whether the P…
SEP252023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2023
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The Director determined the Petitioner did not establish eligibility for the underlying EB-2 classification as either an advanced degree professional or an individual of exceptional ability. We withdraw that finding but nevertheless acknowledge the Director's concerns about the quality and nature of the evidence.2 By a preponderance of the evidence standard…
SEP252023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2023
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In determining ability to pay, USCIS first determines whether the petitioner paid the beneficiary the proffered wage each year from the priority date. If the petitioner did not pay the proffered wage in any given year, USCIS next determines whether the petitioner had sufficient net income or net current assets to pay the proffered wage (reduced by any wages…
SEP252023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2023
—
The Applicant claims he acquired U.S. citizenship through a father named R-A-H and, in the alternate, through an adoptive U.S. citizen mother named D-B-H-. In order to show that he acquired citizenship through R-A-H- or D-B-H- under former section 301(a)(7) of the Act, the Applicant first must establish his own identity in order to demonstrate the claimed r…
SEP252023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2023
—
The Petitioner, a Colombian native and citizen, received a bachelor of business administration degree and a master's degree in finance in his home country. He has worked in the financial analysis and investment field for more than 10 years, holding positions as a junior commercial advisor, stockbroker, and investment specialist. Most recently, he has worked…
SEP252023_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2023
—
The Applicant's birth certificate shows that she was born in I I 1981 in the Dominican Republic to a mother named M-L-A- and a father named L-S-R-.2 The record shows that the Applicant subsequently adjusted her status to that of a lawful permanent resident of the United States in December 2009. The record does not show that the Applicant's father was a U.S.…
SEP252023_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2023
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The sole issue to be determined in this appeal is whether the Petitioner has established that a waiver ofthe requirement of a job offer, and thus a labor certification, would be in the national interest. A petitioner must establish that he meets each…
SEP252023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2023
—
As noted above, the Director determined that "the evidence is sufficient to establish that the [P]etitioner is an advanced degree professional." However, the only education the Director addressed in the decision is a "bachelor's degree in foreign language ... and literature from I I University in 2016." Similarly, in a prior request for evidence (RFE), the…
SEP252023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined 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 first prong, substantial…
SEP222023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2023
—
The Petitioner seeks to employ the Beneficiary as an accountant and to classify him as an EB-3 professional using a labor certification that was filed on the Beneficiary's behalf in 2005. After reviewing the Petitioner's initial filing, the Director issued a request for evidence (RFE) requesting further documentation to demonstrate that the Beneficiary qual…
SEP222023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2023
—
The Petitioner filed her U petition in July 2017 with a Supplement B signed and certified in January 2017 by a sergeant in thel !Police Department inl IColorado (certifying official) pertaining to an event that took place on August 27, 2005. In Part 3.1 of the Supplement B, the certifying official indicated the Petitioner was the victim of criminal activity…
SEP222023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2023
—
The Applicant does not contest the finding of inadmissibility for misrepresentation of material facts, which is established in the record. The relevant issue on appeal is whether the Applicant has established extreme hardship to his spouse, as required to qualify for a waiver of inadmissibility under section 212(i) of the Act and, if so, whether he merits t…
SEP222023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2023
—
The
Petitioner claimed eligibility for both types ofEB-2 classification, as a member of the professions with an advanced degree and as an individual of exceptional ability. The Director's decision focuses entirely on the issue of the national interest waiver and includes no determination as to whether the Petitioner qualifies for EB-2 classification. Becaus…
SEP222023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2023
—
The Director found that the Petitioner qualifies for the EB-2 classification as an advanced degree professional based upon his bachelor of law degree from Brazil, obtained in 2008, followed by at least five years of progressive work experience as a lawyer in Brazil. The Director also found that the Petitioner established the substantial merit of the propose…
SEP222023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2023
—
The Director found that the Petitioner qualifies for the EB-2 classification as an advanced degree professional.2 The record shows that the Petitioner possesses a bachelor of law degree from Brazil, obtained in 2012, followed by at least five years of progressive experience in the specialty. See 8 C.F.R. § 204.5(k)(2). The Director also found that the Petit…
SEP212023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2023
—
The Applicant, a citizen of Mexico, was granted U nonimmigrant status from April 201 7 until April 2021. She filed her Form 1-485, Application to Register Permanent Residence or Adjust Status (U adjustment application) in June 2020, and the Director denied her U adjustment application in January 2023. A. Favorable and Mitigating Equities In the record below…
SEP212023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2023
—
The Director determined that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree.3 We agree that the record establishes the Petitioner's eligibility for the EB-2 classification. However, the Director concluded the Petitioner did not establish that a waiver of the requirement of a job offe…
SEP212023_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2023
—
The Petitioner entered the United States without inspection, admission, or parole on or about September 1995. In September 2014, the Petitioner was granted Deferred Action for Childhood Arrivals (DACA) until September 2016, which was revoked in August 2016 when removal proceedings were initiated against the Petitioner. In August 201 7, the Petitioner was gr…
SEP212023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined 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 first prong, substantial…
SEP212023_04B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2023
—
The Petitioner proposes to work in the United States as an aircraft mechanic. The Director did not make a determination whether the Petitioner is eligible for the underlying EB-2 classification. The Director found that the record did not establish that the Petitioner is eligible for or otherwise merits a national interest waiver as a matter of discretion. A…
SEP212023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2023
—
As a preliminary matter, the Petitioner alleges through counsel on appeal that the Director "did not apply the proper standard of proof in this case, instead imposing a stricter standard, and erroneously applied the law, to [his] detriment." Except where a different standard is specified by law, the"preponderance of the evidence" is the standard of proof go…