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Showing 3426–3450 of 7923 (page 138 / 317)
JUN202023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2023
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A. Motion to Reconsider In our previous decision, incorporated here, we considered the entirety of the record and concluded that the Applicant did not show that he merited a waiver as a matter of discretion. We specifically acknowledged the Applicant's significant equities, including his extensive family ties in the United States, many ofwhom are U.S. citiz…
JUN202023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2023
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A. Eligibility for the EB-2 Classification The Petitioner submitted evidence that he received a Title of Mechanical Engineer degree from the Universit~ !(Venezuela) in July 2012, and that this degree is the equivalent ofa bachelor's degree in mechanical engineering from an accredited college or university in the United States. He also submitted several empl…
JUN202023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2023
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The Director found that the record does not establish that the Petitioner qualifies as a member of the professions holding an advanced degree. The Director farther found, in the alternative, that the record does not satisfy at least three of the exceptional ability criteria. On appeal, the Petitioner reasserts eligibility as a member of the professions hold…
JUN202023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2023
—
The Petitioner has shown his eligibility for the EB-2 classification under 8 C.F.R . § 204.5(k)(3)(i)(B). 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. As a preliminary matter, the Petitioner alleges on appeal…
JUN162023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2023
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The Applicant filed a Form 1-918, Petition for U Nonimmigrant Status, in 2012, which USCIS approved, according him U-1 nonimmigrant status from October 2013 to October 2017. In March 2017, he filed a U adjustment application, which was denied by the Director in 2018. In April 2019, the Applicant's Form 1-539, Application to Extend/Change Nonimmigrant Status…
JUN162023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2023
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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 waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. Upon de novo review, we find the Petitioner did not demons…
JUN162023_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2023
—
A petitioner has the burden of proof to establish that a bona fide job offer exists at the time of filing, and that it will employ the foreign national in the specialty occupation. In addition, the petitioner must establish eligibility at the time of filing the petition and must continue to be eligible through adjudication. 8 C.F.R. § 103.2(b)(1). While we…
JUN162023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2023
—
The Applicant initially established that she meets some ofthe requirements for issuance ofa Certificate of Citizenship under section 322 of the Act. A copy of a 1961 Mexican birth registration and a 2022 U.S. Certificate of Naturalization show that the Applicant's father is a naturalized U.S. citizen. Birth certificates show the parent-child relationship be…
JUN162023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2023
—
The Petitioner proposes to work in the United States as a bilingual content analyst. The Petitioner earned a master's degree in international studies from IUniversity inl lNC in 2021, and then worked in the United States tori las a bilingual content reviewer. We agree with the Director that the Petitioner established her eligibility as a member of the profe…
JUN162023_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2023
—
Upon review of the record in its totality and for the reasons set out below, we determine that the Petitioner has not demonstrated that the proffered position qualifies as a specialty occupation. Specifically, the record provides insufficient and inconsistent information regarding the proffered 3
pos1t10n, which in tum precludes us from understanding the p…
JUN162023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2023
—
The issues on appeal are whether the Applicant is inadmissible to the United States under section 212(a)(6)(C)(i) of the Act on the grounds identified by the Director, and if so, whether he has demonstrated that refusal of admission would cause extreme hardship to a qualifying relative. Specifically, the Director concluded that the Applicant made a willful…
JUN152023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
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The Director determined that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree and the record supports this conclusion. 2 Therefore, the sole issue before us is whether the record establishes that a waiver of the job offer requirement, and thus of a labor certification, would be in the national intere…
JUN152023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
—
A petitioner must demonstrate that a beneficiary met all DOL-certified job requirements of an offered position by a petition's priority date. 8 C.F.R. § 204.5(1)(3)((ii)(B); Matter o_f Wing's Tea House, 16 I&N Dec. 158, 160 (Acting Reg'l Comm'r 1977). This petition's priority date is March 26, 2021, the date DOL accepted the Petitioner's labor certification…
JUN152023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
—
The Director denied the application because the Applicant's mother naturalized after the Applicant turned 18 years of age, and he therefore could not satisfy the conditions at former section 321 (a)( 1) of the Act that require both parents to have naturalized prior to the Applicant's 18th birthday. The Applicant filed a motion to reopen and reconsider but d…
JUN152023_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
—
A. Relevant Facts and Procedural History The Petitioner filed an orphan petition on behalf ofthe Beneficiary, a citizen ofNigeria, in 2021, based on his adoption ofthe Beneficiary i~ 12020. The Petitioner claimed that the Beneficiary met the definition of an orphan as a child who "has no parents due to death or disappearance o±: abandonment or desertion by,…
JUN152023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
—
The Petitioner proposes to work in the United States as a computer and information systems manager having worked in the computer and information systems business for more than 10 years in Brazil. He holds a bachelor's degree in computer science from Universidadel ?nin Brazil and a postgraduation certificate in business management froml in Brazil. The Direct…
JUN152023_03B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
—
The record reflects that the Petitioner, a native and citizen of India, last entered the United States in October 2014 on a nonimmigrant tourist visa, and married her U.S. citizen spouse, V-K-, 1 in California i" 12016. She filed the instant VAWA petition in October 2019 based on a claim ofbattery and extreme cruelty by V -K-. On her VA WA petition, the Pet…
JUN152023_03E2309
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
—
There is no dispute that the Applicant meets some of the above conditions, as she is under the age of 18 years, has a U.S. citizen father, and was admitted to the United States as a lawful permanent resident. The remaining issues are: (1) whether the Applicant has established that she qualifies as her father's "child" for the purposes of derivative citizens…
JUN152023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
—
The Director found that the Petitioner established eligibility for EB-2 classification as an advanced degree professional based upon his master of public administration degree from the University of I I which he obtained in 2015. 2 However, the Director found that the Petitioner did not establish eligibility under any of the three prongs of the Dhanasar ana…
JUN152023_04E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2023
—
The Applicant meets some of the conditions under former section 32l(a) of the Act in support of his claim that he derived U.S. citizenship through his mother while he was under 18 years of age. His birth registration, his Form 1-551 (permanent resident card), and his mother's Certificate of Naturalization show that his mother became a naturalized U.S. citiz…
JUN152023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 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…
JUN142023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 14, 2023
—
As it relates to the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. 2 Dhanasar, 26 I&N Dec. at 889. At initial filing, the accompanying cover letter stated the Petitioner "endeavors to work as a Professor of Language and Literary Musicalization in the United States, using an…
JUN142023_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 14, 2023
—
The Petitioner asserts that that the Beneficiary earned a foreign bachelor's degree in mechanical engineering and provides documentation about his work history dating to 2008. The record also contains three evaluations which collectively address various aspects of his academic endeavors and work experience. Upon review of the evaluations and the record in i…
JUN132023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 13, 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…
JUN132023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 13, 2023
—
As indicated above, the first prong for a national interest waiver relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner initially provided a "Definitive Statement" claiming: I intend to continue using my expertise and knowledge to work as an Adapted Physical Education Specialist…