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Showing 3176–3200 of 7923 (page 128 / 317)
AUG242023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2023
—
The Petitioner is a human resources specialist 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 ability. In support, the Petitioner submitted an official academic record showing that th…
AUG242023_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2023
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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…
AUG242023_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2023
—
The Petitioner initially filed the national interest waiver application asserting that the Petitioner qualifies for the EB-2 classification as an individual of exceptional ability. However, in response to the Director's request for evidence (RFE), the Petitioner claimed that he also meets the qualification as a member of the professions holding an advanced…
AUG242023_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The record reflects that determination. 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. A.…
AUG232023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2023
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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…
AUG232023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 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). In response to the Director's request for…
AUG232023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2023
—
The Director concluded the Petitioner qualifies for the EB-2 visa classification as an individual of exceptional ability. Accordingly, the remaining issue to be determined on appeal is whether the Petitioner has established a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The first prong relates…
AUG222023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 22, 2023
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The Petitioner is an artist who has displayed her work and offers art instruction to beginners via her social media account. She intends to continue working as an artist through creating and marketing her own artistic work, and by conducting art classes to children between the age of four and fifteen. Because the Petitioner has not indicated or established…
AUG222023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 22, 2023
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A petition for a skilled worker must generally include a labor certification indicating an offered position's need for at least two years of training or experience. 8 C.F.R. § 204.5(1)(3)(ii)(B). A petitioner must mark box 1.f. in Part 2 of Form I-140, Petition for Alien Worker, requesting a beneficiary's classification as a "skilled worker." USCIS, "Form I…
AUG222023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 22, 2023
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A. Relevant Facts and Procedural History On I I 2019, thd IFamily Court in New York issued an order appointing a guardian for the Petitioner. The order stated that "the appointment shall last until [his] 21st birthday, since [he is] over 18 and has consented to the appointment until [he] reaches the age of21 ...." In a separate order issued on the same day…
AUG222023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 22, 2023
—
The Applicant does not contest his inadmissibility on appeal and we incorporate the Director's finding of inadmissibility here, by reference. On Appeal, the Applicant restates facts related to his spouse's care for their adult son, who was diagnosed with autism spectrum disorder, and argues that the Director minimized the effect that caring for their son ha…
AUG222023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 22, 2023
—
The Applicant does not contest his inadmissibility on appeal and we incorporate the Director's finding of inadmissibility here, by reference. On Appeal, the Applicant restates facts related to his spouse's care for their adult son, who was diagnosed with autism spectrum disorder, and argues that the Director minimized the effect that caring for their son ha…
AUG222023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 22, 2023
—
The Petitioner, an Egyptian native and citizen, has about 20 years of financial experience in the global oil and gas industry and has worked in several countries, including: Egypt; Sudan; Syria; Iraq; and the United States. He gained about 1 7 years of experience with a company that provides oilfield services to many ofthe largest multinational oil and gas…
AUG212023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 21, 2023
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As noted above, the Director did not address whether the Petitioner qualifies for second-preference classification as either an individual of exceptional ability or as a member of the professions holding an advanced degree. See section 203(b )(2) of the Act. However, because we nevertheless find that the record does not establish that a waiver of the requir…
AUG212023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 21, 2023
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A. The Petitioner's Alleged Misrepresentation and the Offered Job's Availability A petitioner's willful misrepresentation of a material fact may justify a petition's denial. USCIS can approve a filing only ifthe Agency finds that "the facts stated in the petition are true." Section 204(b) of the Act. A petition includes any supporting evidence - including a…
AUG212023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 21, 2023
—
The Applicant meets some of the conditions at former section 321(a) of the Act. Certificate of Naturalization evidence and the Applicant's birth certificate show that his mother became a naturalized U.S. citizen in 1990 when the Applicant was under the age of 18 years, as required by fonner section 2
32l(a)(4) of the Act. A copy of the Applicant's lawful p…
AUG182023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 18, 2023
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In order to establish eligibility for the extraordinary ability classification, a petitioner must either demonstrate a one-time achievement (that is, a major, internationally recognized award) or provide
documentation that meets at least three of the ten criteria listed at 8 C.F.R. § 204.5(h)(3)(i)-(x). If a petitioner meets these initial evidentiary requi…
AUG182023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 18, 2023
—
The Director determined that the Petitioner did not establish that the Beneficiary has been employed abroad, and will be employed in the United States, in an executive capacity. The Director did not discuss the separate requirements for a managerial capacity."Executive capacity" means an assignment within an organization in which the employee primarily dire…
AUG182023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 18, 2023
—
A. Relevant Evidence and Procedural History The Petitioner claims that he was born in Vietnam inl I1997. The record indicates that he last entered the United States in September 2014 as an F-1 nonimmigrant student. JnJ 12017, when the Petitioner asserts that he was 20 years old, the New York Family Court fo~ i(Family Court) appointed T-T-N-,2 a family frien…
AUG182023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 18, 2023
—
The Director found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act for having committed fraud or material misrepresentation to obtain admission to the United States. The Applicant does not contest this ground of inadmissibility; therefore, he must demonstrate eligibility for a waiver ofthis ground of inadmissibility by showing, among oth…
AUG182023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 18, 2023
—
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 "[a…
AUG172023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 17, 2023
—
Documents in the file indicate that the Petitioner worked for thel IFire Brigade I I from 1997 to 2014, in such capacities as senior engineer and deputy director ofthe I I Fire Prevention Department and as chief of thel IFire Battalion. The Petitioner joined the I IFire Protection Association I I in 2015, and was elected as one ofits vice presidents in 2018…
AUG172023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 17, 2023
—
The Director found that the Petitioner did not establish that she is an advanced degree professional nor that she is an individual of exceptional ability, and as such did not establish that she qualifies for EB2 classification. The Director farther found that the Petitioner did not establish eligibility under any ofthe three required prongs ofthe Dhanasar a…
AUG172023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 17, 2023
—
A. The Beneficiary's Experience
As previously indicated, offered positions for skilled workers must require - and the workers must have - at least two years of training or experience. Section 203(b )(3)(A)(i) of the Act. Also, a petitioner must demonstrate a beneficiary's possession of all DOL-certified job requirements of an offered position by a petition'…
AUG172023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 17, 2023
—
In our previous decision, incorporated here by reference, we noted that government records indicated that the Petitioner had previously used a date of birth o±i I1996, which conflicts with his claimed date of birth ofl I1998, which is reflected on the birth certificates he had provided. We summarized the Director's determinations that the record contained i…