Search cases
Compare defaults:
v3_no_parsed_rules_gpt52
vs
v3_no_parsed_rules_gpt5mini_med
Results
Showing 826–850 of 7923 (page 34 / 317)
OCT022024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 2024
—
The Director determined that the Petitioner qualifies as an advanced degree professional, but failed to establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner has not met the Dhanasar framework and dismiss the appeal.
A. National Interest Waiver
The first Dhanasar pro…
OCT022024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 2024
—
The Petitioner proposed to start a company specializing in human resources, m which she would serve as general manager and lead consultant. In creating this company, the Petitioner intends to work with a broad spectrum of individual clients at every stage of their career development. The Petitioner expressed intent to focus on diversity and inclusion by off…
OCT012024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
As noted above, the Director concluded the record does not establish the Petitioner received a one time achievement ofa major, internationally recognized award; however, the Director determined that, in the alternative, the record satisfies at least three of the 10 listed at 8 C.F.R. §§ 204.5(h)(3)(i)-(x). Specifically, the Director found that the record s…
OCT012024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
A. The Nature of the Proposed U.S. Work The term "executive capacity" means work "primarily" involving: • Directing the management of an organization or a major component or function of it; • Establishing the goals and policies of the organization, component, or function; • Exercising wide latitude in discretionary decision-making; and • Receiving only gene…
OCT012024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
The Director found that the Beneficiary 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 agree with the Dire…
OCT012024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
A. The Required Experience
A petitioner must demonstrate a beneficiary's qualifications for all DOL-certified requirements of an offered job by a petition's priority date. Matter ofWing's Tea House, 16 I&N Dec. 158, 160 (Acting Reg'! Comm'r 1977). This petition's priority date is June 17, 2020, the date DOL accepted the labor certification application for p…
OCT012024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
Upon review of the record in its totality, we conclude that although the Petitioner has established the Beneficiary's bona fide intent to marry him, the evidence remains insufficient to establish that he merits a discretionary waiver of the two-year personal meeting requirement for the following reasons. The Petitioner filed this fiancee petition on Septemb…
OCT012024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
In Parts 5 and 6 of the Form 1-140, under "Additional Information About the Petitioner" and "Basic Information About the Proposed Employment," the Petitioner listed his "Occupation" as "Aquatic Coach - Instructor" and his "Job Title" as "Head Coach - Instructor." Because the Petitioner has not indicated or established receipt of a major, internationally rec…
OCT012024_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
The regulation provides that "if, upon reconsideration, the approval previously granted is revoked, the director shall provide the petitioner or the self-petitioner with a written notification ofthe decision that explains the specific reasons for revocation." 8 C.F.R. § 205.2(c). Because the Director did not fully explain the specific reasons for revoking t…
OCT012024_03B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
The Petitioner claims to be an individual of extraordinary ability based on his skills and experience as a civil engineer specializing in structural fire engineering. The record shows that the Petitioner earned a doctoral degree in structural engineering. He has published scholarly articles discussing his research findings concerning properties of fire-resi…
OCT012024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
As a preliminary matter, we emphasize that this appeal relates to the Director's April 2024 dismissal of the Petitioner's combined motions to reopen and reconsider. 2 In the Director's dismissal, they concluded that, although the Petitioner established eligibility for the requested EB-2 immigrant classification on motion, he did not establish his eligibilit…
OCT012024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
The Director determined, and the record-including a copy of the Petitioner's 2021 doctorate degree in geotechnical engineering from China, school transcript, and diploma evaluation-shows that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional holding a U.S.-equivalent advanced degree. 8 C.F.R. §§ 204.5(k)(l)-(…
OCT012024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 01, 2024
—
The
Director determined that the Petitioner qualified for the EB-2 classification as an advanced degree professional, and the record supports this determination. 3 The Director also found that the Petitioner's proposed endeavor had substantial merit. The remaining issues, therefore, are whether the Petitioner has established that his endeavor has national i…
SEP272024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2024
—
The Petitioner claims eligibility for this classification as an individual of extraordinary ability in the biomedical sciences. The record reflects that the Petitioner completed her graduate studies in Germany, where she received a master's degree in animal biology and biomedical sciences in 2013 and a Ph.D. in natural sciences in 2019. Following completion…
SEP272024_01B4203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2024
—
The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. Section 205 of the Act, 8 U.S.C. § 1155. By regulation this revocation authority is delegated to any U.S. Citizenship and Immigration Services (USCIS) officer who is authorized to appr…
SEP272024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2024
—
In denying the petition, the Director concluded that while the Petitioner qualifies as a member of the professions holding an advanced degree, he had not established that a waiver ofthe requirement of a job offer, and thus a labor certification, would be in the national interest. Specifically, the Director determined that the Petitioner's endeavor did not m…
SEP272024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2024
—
In our decisions on appeal and subsequent motions, we discussed the facts of this case, the evidence in the record, and explained in detail the multitude of reasons that supported our conclusion that the Petitioner did not establish eligibility for the EB-5 classification. The Petitioner did not overcome any of the reasons related to his ineligibility in hi…
SEP272024_01D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2024
—
The Petitioner filed the underlying petition on behalf of the Beneficiary seeking new employment and requesting consideration under the H-1 B numerical limitation (H-1 B cap). After initially approving the petition, the Director notified the Petitioner ofUSerS' intent to revoke the approval of the petition with a finding of fraud through a notice of intent…
SEP262024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2024
—
For the reasons below, we have determined that the Petitioner's "RN Clin III, Critical Care" position does not qualify as a specialty occupation. The evidence the Petitioner has submitted into the record does not sufficiently demonstrate that performance of the proffered job's duties requires an individual with a bachelor's degree in a specific related spec…
SEP262024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2024
—
The Applicant claims that she meets the definition of a child at section 101 (b )( 1 )(E) ofthe Act because she has been residing in the legal custody of her adoptive U.S. citizen parent, N-F-B-, 1 in Viet Nam and the United States since at least 2015, when he and her mother began residing together and with the Applicant, in Viet Nam. The record contains th…
SEP262024_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2024
—
Prior to corning to the United States, the Applicant married his spouse in China in 1972. Together, they had five children, two of whom are now U.S. citizens. The Applicant entered the United States, without admission, in 1992, while his spouse and children stayed in China. The Applicant remained in the United States until his departure for his consular int…
SEP262024_01H7212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2024
—
Prior to corning to the United States, the Applicant married his spouse in China in 1972. Together, they had five children, two of whom are now U.S. citizens. The Applicant entered the United States, without admission, in 1992, while his spouse and children stayed in China. The Applicant remained in the United States until his departure for his consular int…
SEP262024_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2024
—
On appeal, the Petitioner asserts that the Director's decision does not explain the specific reasons for denial and that, although the submitted documents are listed in the denial, "[ n ]one of the mentioned documents were explored, reviewed, analyzed, or even referenced ...." We agree with the Petitioner's assertion that the decision is deficient. An offic…
SEP262024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2024
—
The Petitioner is an entrepreneur who wants to create a start-up offering free higher education classes using artificial intelligence classroom technology. The Director determined that the Petitioner did not establish his eligibility for the EB-2 classification. Specifically, the Director determined that the record does not establish that the Petitioner is…
SEP262024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2024
—
As noted above, the Director determined that the Petitioner qualified for classification as an advanced degree professional. The Director further found that the Petitioner's proposed endeavor has substantial merit, as it falls within the above-mentioned range of areas of substantial merit, and that he is well positioned to advance his proposed endeavor. Th…