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Showing 3326–3350 of 7923 (page 134 / 317)
JUL182023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2023
—
The Director did not make a finding as to whether the Petitioner qualifies for the underlying EB-2 classification. Rather, the Director analyzed only the Petitioner's eligibility for a national interest waiver. The Director found that the Petitioner established the substantial merit of his proposed endeavor and that he is well-positioned to advance it, but…
JUL182023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2023
—
The Petitioner proposes to work in the United States as a third grade elementary school teacher. She earned a diploma specializing in early childhood education from I I I I in Brazil and has worked and volunteered as a teacher. The Director determined that the Petitioner established her eligibility as a member of the professions holding an advanced degree,…
JUL182023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2023
—
The Petitioner proposes to work in the United States as a self-enrichment teacher by starting abusiness teaching taekwondo and self-defense to women. The Petitioner earned a bachelor of law froml I University in Brazil in July 2009, and has worked as ataekwondo instructor. We note that the Petitioner consistently asserted that she is eligible for the EB-2 c…
JUL182023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2023
—
The Petitioner proposes to work in the United States as an administrator and financial analyst. He earned a diploma specializing in administration from Universidade~-------~in Brazil in 2020. The Director did not make a determination as to the Petitioner's eligibility for the EB-2 classification but found that the Petitioner did not establish that a waiver…
JUL172023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 17, 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 baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(…
JUL172023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 17, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. 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 merit and nat…
JUL172023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 17, 2023
—
As a preliminary matter, the Petitioner asserts through counsel on appeal that in denying the petition, the Director "imposed novel substantive and evidentiary requirements beyond those set forth in the regulations." However, counsel does not point to specific examples of this within the Director's request for evidence (RFE) and denial. Importantly, counsel…
JUL172023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 17, 2023
—
As it relates to 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. The Petitioner's initial cover letter indicated: [The Petitioner] intends to advance his career as a Petroleum Engineer, designing and developing methods for extracting oil and g…
JUL172023_06B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 17, 2023
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The Petitioner claims to qualify for EB-2 classification as an individual of exceptional ability. The Director concluded that the Petitioner established at least five of the six criteria related to establishing exceptional ability, those at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(E). 3 But the Director did not conduct a final merits determination and did not make a…
JUL172023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 17, 2023
—
As it relates to 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 indicated:. . . [The Petitioner] intends to advance her career as a Business Administrator and by doing so, develop, implement, a…
JUL142023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2023
—
The Director concluded that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree2 and that his proposed endeavor has substantial merit. The Director also determined that the record did not establish that the Petitioner's endeavor has national importance or satisfy the second and third Dhanasar prongs. Fo…
JUL142023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2023
—
A. Substantial Merit
The Director concluded that the Petitioner did not establish the substantial merit of their proposed endeavor because the Petitioner's proposed endeavor contemplated their continued employment with their employer and the Petitioner's conflicting expressions of the proposed endeavor. An endeavor's merit may be demonstrated in a range of…
JUL142023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2023
—
The Petitioner seeks to continue working as a physical therapist for a professional soccer team in the United States. The Director found that the Petitioner qualifies as an advanced degree professional but does not meet any of the prongs of the Dhanasar test. On appeal, the Petitioner provides a brief asserting that the Director failed to properly consider…
JUL132023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2023
—
The Applicant, a citizen of Mexico, was granted U-1 nonimmigrant status from October 2016 until October 2020. She filed her Form 1-485, Application to Register Permanent Residence or Adjust Status (U adjustment application) in April 2020, and the Director denied the application in November 2022. A. Favorable and Mitigating Equities In the record below, the…
JUL132023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 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 Therefore, the primary issue before us on appeal is whether the Petitioner has established that a discretionary waiver of the requirement of a job offer, and thus a labor certification, would be in the nat…
JUL132023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2023
—
The Petitioner filed her Form 1-918, Petition for U Nonimmigrant Status u petition) in July 2017 with a Supplement B signed and certified by a Division Chief with the1 IDistrict Attorney's Office inl ICalifornia ( certifying official) in March 2017 based on criminal activity committed against the Petitioner ire=]2016. The certifying official checked a box i…
JUL132023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2023
—
As it relates to 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 that he "seeks to continue his endeavor as a Graphic Designer by opening up his own U.S. graphic design company, through w…
JUL132023_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2023
—
The Petitioner filed his U petition in June 2016 with two Supplements B. The first Supplement B was signed and certified by a Sergeant with thel !Police Department i~ lCalifornia, and was dated October 25, 2012. The second Supplement B was signed and certified by a Lieutenant with thel !Police Department (certifying official) and was dated December 18, 2015…
JUL132023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 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…
JUL122023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2023
—
As noted, the Director denied the petition on multiple independent and alternative grounds, and further determined that both the Petitioner and Beneficiary had willfully misrepresented facts that are material to eligibility for the requested benefit. Prior to the decision, the Director issued a notice of intent to deny (NOID) to allow the Petitioner an oppo…
JUL122023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2023
—
The record shows that the Petitioner, a Brazilian native and citizen, earned a technologist degree in data processing and a post-graduate certificate in design, project, and application management in his home country. He has more than 25 years of employment experience in the information technology (IT) field. The Petitioner proposes to establish his own IT…
JUL122023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2023
—
The Petitioner indicated on page 2 of his petition that on December 13, 2016, he invested $500,000 1
I
inl Ithe new commercial enterprise (NCE), which is associated with I II(Regional Center) pursuant to the Immigrant Investor Pilot Program. According to the Confidential Private Offering Memorandum of the NCE, the NCE proposed to pool $334,000,000 from 668…
JUL122023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2023
—
The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing from the United States. He does not contest that he has an outstanding order ofdeportation and will be inadmissible under section 212(a)(9)(A)(ii) of the Act once he departs. The only issue on appea…
JUL122023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2023
—
The Petitioner has a bachelor of commerce degree and approximately 20 years of work experience as an accountant, auditor, financial controller, and entrepreneur. At the time of filinr, he indicated that he was employed as a senior accounting manager for I a pharmaceutical products distributor, in H-lB nonimmigrant status. In addition, the record reflects th…
JUL122023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2023
—
As indicated above, the Petitioner must first meet at least three of the regulatory criteria for classification as an individual of exceptional ability. See 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). In denying the petition, the Director determined that the Petitioner did not meet at least three of the six criteria. On appeal, the Petitioner maintains that he meets…