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Showing 3401–3425 of 7923 (page 137 / 317)
JUN232023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2023
—
A. Member of the Professions Holding an Advanced Degree The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The regulation at 8 C.F.R. §204.5(k)(2) defines an advanced degree as "any United States academic or professional degree or a foreign equivalent degree above that ofbaccalaureate" ( emphasis adde…
JUN232023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 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, we conclude that the Pe…
JUN222023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The Petitioner is a professional chess trainer who has coached youth and adult players for national, European, and international competition in Norway, Greece, and Georgia. He intends to continue his work as a chess trainer in the United States.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he has received a major, in…
JUN222023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The Petitioner initially proposed to continue working in their field for U.S. companies as a financial manager specializing in the agricultural sector with an aim to "progressively and positively benefit the United States business industry, and economy." The Petitioner represented that their endeavor was to work as a financial manager for U.S. companies in…
JUN222023_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The Petitioner filed its petition to classify the Beneficiary as an evangelist and CEO of a nonprofit organization called '1 Ion November 30, 2021. The organization's chief operating officer, I Isigned the petition. The Petitioner submitted evidence that the Beneficiary filed the organization's articles of incorporation with the Texas Secretary of State on…
JUN222023_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
A. Specialty Occupation
The proffered position does not meet the statutory or regulatory definition of the term "specialty occupation." The Petitioner has not satisfied the requirement that the proffered position require the theoretical and practical application of a body ofspecialized knowledge and that the position requires attainment of a bachelor's degr…
JUN222023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The Director determined that the Petitioner did not establish that it has a qualifying relationship with the Beneficiary's foreign employer. We agree, as explained below. To establish a "qualifying relationship" under the Act and the regulations, a petitioner must show that the beneficiary's foreign employer and the proposed U.S. employer are the same emplo…
JUN222023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The record reflects that the Applicant's parents were married in Jamaica in 1972, and remained married to each other when his mother naturalized in 1980, as reflected on the mother's Certificate of Naturalization. The Applicant provides no evidence that his parents divorced at any time before his 18th birthday or that their marital relationship was otherwis…
JUN222023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
Because the Petitioner has not indicated or established he has received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). In denying the petition, the Director determined the Petitioner fulfilled only one criterion - judging at 8 C.F.R. § 204.5(h)(3)(iv). On appea…
JUN222023_02D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The sole issue on appeal is whether the Petitioner has established how it intends to compensate the Beneficiary. On Form I-129, Petition for a Nonimmigrant Worker, the Petitioner stated that it would pay her $500 per month, as well as "rent, water, power, gas, phone, food per month." In her decision, the Director noted that as evidence ofthe Petitioner's in…
JUN222023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The Director determined that the Applicant is inadmissible for fraud and willful misrepresentation of a material fact for falsely claiming to have entered the United States with a visitor visa on her prior application for adjustment of status in 2009. The Applicant does not contest her inadmissibility on appeal but states that her qualifying relative, her L…
JUN222023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner has established that waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Petitioner initially stated on Form 1-140 that his p…
JUN222023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
The Director concluded that the record does not satisfy at least three of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii). More specifically, the Director found that the record satisfies the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(B) and (E) but that it does not satisfy any of the other criteria at 2
8 C.F.R. § 204.5(k)(3)(ii). On appeal,…
JUN222023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2023
—
We will first address the threshold requirement that the Petitioner must qualify for classification under Section 203(b )(2)(B)(i) of the Act, as a member of the professions holding an advanced degree. 3 The Director determined that while the Petitioner submitted a diploma of a bachelor's degree from UniversityI I in Venezuela, but he did not submit officia…
JUN222023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 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, to [his] detriment." Except where a different standard is specified by law, the "preponderance of the evidence" is the standard of proof governing immigration benefit requ…
JUN212023_01B2203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2023
—
A. Evidentiary Criteria
The Petitioner is currently a professional baseball player for thel Iin Major League Baseball (MLB). Because the Petitioner has not indicated or established that he has received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). In denying t…
JUN212023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2023
—
The Petitioner earned a bachelor's degree in environmental management in Brazil in 2010. In 2017, she completed a 120-hour training course in "Legal Responsibilities in Occupational Safety and Health." Starting in 2010, she worked for various employers in I I Brazil, first as an environmental analyst for a consulting service and then in the same capacity fo…
JUN212023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2023
—
The Director determined that the Beneficiary meets the educational requirements for the offered position and the requested immigrant classification. However, the Director concluded that Petitioner did not establish, as required, that the Beneficiary satisfies the minimum experience requirements for the offered position of IT project manager as specified on…
JUN212023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2023
—
The sole issue on motion is whether the Applicant has established extreme hardship to her LPR spouse. 1 In our last July 2022 decision dismissing the Applicant's second motion to reopen, we determined that the record still did not indicate whether her spouse intends to remain in the United States or relocate to Indonesia with the Applicant if the waiver req…
JUN212023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2023
—
The Applicant does not contest his inadmissibility, as described in the Director's decision on his waiver application, which we incorporate here. The record indicates that the Applicant's spouse was diagnosed with situational mixed anxiety and depressive disorder. On appeal, the Applicant furnishes an updated medical letter from December 2021 from a primary…
JUN212023_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2023
—
The Applicant entered the United States in 2014 as a non-immigrant visitor and married D-N-L- 1, her qualifying U.S. citizen spouse, in 2015. The Applicant does not contest her inadmissibility on appeal and admits to providing false information to the Department of State on her non-immigrant visa application. In her initial request for a waiver, the Applica…
JUN202023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2023
—
The Applicant, a citizen of Mexico, was granted U-2 nonimmigrant status in March 2017, as a qualifying family member of a U-1 recipient. He filed his Form 1-485, Application to Register Permanent Residence or Adjust Status (U adjustment application) in July 2020, and the Director denied the application in May 2022. The Applicant then filed combined motions…
JUN202023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2023
—
As a preliminary matter, we note that, by regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). The issue before us is whether the Petitioner has established that we erred in dismissing the prior motion to reopen for failure to state new facts supported by affidavits or other documentary evidence and that our decis…
JUN202023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2023
—
A. The Petitioner Was Not the Victim of Qualifying Criminal Activity On appeal, the Petitioner argues that the Director erred in determining that he was not a victim of qualifying criminal activity and proffers four arguments. First, the Petitioner argues that the Director limited the list of criminal activity considered to the statute and those listed in P…
JUN202023_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2023
—
The Petitioner filed this petition on the Beneficiary's behalf in February 2019. The Director issued a notice of intent to deny (NOID) the petition, notifying the Petitioner that the Beneficiary was not eligible for a K-1 visa because the Beneficiary had previously married a U.S. citizen for the sole purpose of obtaining immediate relative status. The Petit…