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Showing 901–925 of 7923 (page 37 / 317)
SEP192024_03M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
The record provides the following facts and procedural history ofthe Applicant's case. The Applicant is a citizen and national of El Salvador who states he entered the United States in 1996. In 2001, the Applicant was convicted of identity theft in violation of section 530.3 of the California Penal Code, a misdemeanor, and forging a fraudulent public seal i…
SEP192024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
The Petitioner intends to come to the United States "to act and offer his services as [a] Computer and Information Systems Manager[ ]. .. with a focus on the following areas of business: Accounting; Financial; Purchases' Inventory; Costs; Revenues; Budget; Tax and Tax, Patrimony, Contracts: Human Resources." To that end, his "primary intention [is] opening…
SEP192024_04M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
With his application, the Applicant submitted a copy of his birth certificate showing he was born in Haiti. The Director determined the Applicant's birth certificate was insufficient to establish that he was a national of Haiti and denied the Application. On appeal, the Applicant submits a copy of his Haitian passport issued in May 2024 which identifies him…
SEP192024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
The Petitioner intends to come to the United States "to establish a Technical Solutions Consultancy firm and offer services to small businesses, with a focus on the following areas of business: Accounting, Finance, Purchasing, Inventory Costs, Billing, Budgeting, Taxation, Asset Management, Contracts, and Human Resources." To that end, he "aims to provide a…
SEP192024_05M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
A. The Applicant's Identity
USCIS records show the Applicant entered the United States in 2007 with the Haitian passport of another person, L-H-2. After a credible fear interview, the Applicant was removed from the United States to Haiti in 2008. The Applicant returned to the United States in 2019 using his name, L-J-, was detained and then released on an O…
SEP192024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
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…
SEP192024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
A. EB-2 Visa Classification
The Director determined that the Petitioner does not qualify as an individual of exceptional ability. Since the evidence in the record does not establish by a preponderance of the evidence that the Petitioner is eligible for, or otherwise merits, a national interest waiver as a matter of discretion, we will reserve the issue of w…
SEP192024_08M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
The record shows that the Applicant is a citizen and national of Cameroon. In response to the Director's request for evidence, the Applicant submitted court records establishing that in 2002 he pled guilty to felony forgery in Texas. The Applicant was placed on five years of probation and ordered to pay a fee and perform community service. Adjudication of t…
SEP192024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
A. Substantial Merit and National Importance The first prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. The endeavor's merit may be demonstrated in arange of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining whether the p…
SEP192024_09M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
The record shows that the Applicant was born in Chile and is a Chilean citizen. With her application and on appeal, the Applicant submitted evidence that she has been a resident of Venezuela since she was a child. The Director determined the Applicant was ineligible for TPS because she was not a national of Venezuela. On appeal, the Applicant concedes that…
SEP192024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
A. Substantial Merit and National Importance The first prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. The endeavor's merit may be demonstrated in arange of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining whether the p…
SEP192024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
As noted above, the Director did not specify in the decision whether the Petitioner qualifies for classification as a member of the professions holding an advanced degree or, in the alternative, as an individual of exceptional ability. See section 203(b )(2) of the Act. However, in a prior request for evidence (RFE), the Director specifically advised the Pe…
SEP192024_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
The Petitioner proposes to work in the United States as a marketing specialist. 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…
SEP192024_14B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
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…
SEP192024_15B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2024
—
The Petitioner proposes to offer surveying services through his company, _______ The Director concluded that the Petitioner qualified as an individual of exceptional ability. For the reasons discussed below, the Petitioner has not established that a waiver of the requirement of a job offer is warranted. A. Individual of Exceptional Ability The Director note…
SEP182024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2024
—
The Director determined that the Petitioner did not establish that he is an individual of exceptional ability and as such did not establish that he qualifies for the EB-2 classification.2 Specifically, the Director concluded that the foreign language documents submitted in support of the Petitioner's claim as an individual of exceptional ability did not inc…
SEP182024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2024
—
A. The Required Experience
At the time of filing a skilled-worker petition, a beneficiary must be able to perform "skilled labor (requiring at least 2 years training or experience)." Section 203(b )(3)(A)(i) of the Act. Also, by a petition's priority date, a petitioner must demonstrate a beneficiary's possession of all DOL-certified requirements for an offe…
SEP182024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2024
—
The Petitioner seeks to employ the Beneficiary in the position of "engineer project manager." On the certified labor condition application (LCA) submitted in support of the petition, the Petitioner designated the position to be in the occupational category of "Project Management Specialists," with Standard Occupational Category (SOC) code 13-1082. The Petit…
SEP182024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2024
—
We note that the offense that triggered the Adam Walsh Act's presumptive bar is his Alford plea to sexual offense in the fourth degree under section 3-308 of Maryland's Criminal Law and that the victim of this offense, his stepdaughter, was between the ages of 9 and 13, when the allege offenses occurred. 1 As a consequence of the Petitioner's Alford plea, h…
SEP182024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2024
—
The Director determined that the Beneficiary qualifies for the underlying EB-2 qualification as an advanced degree professional. The Beneficiary has the U.S. equivalent of a master's degree in economics (with a concentration in environmental economics) from I I in Colombia and a bachelor's degree in agricultural science at _______ in Haiti. The remaining is…
SEP182024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2024
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree, but did not sufficiently satisfy that it was ofnational importance under the first prong of the Dhanasar framework. Id. Based on our de novo review of the record, we agree that the Petitioner has not sufficiently demonstrated the national importan…
SEP182024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2024
—
The Petitioner filed this petition on August 15, 2023. After analyzing the initial evidence, the Director issued a request for evidence (RFE), noting the deficiencies in the record, to which the Petitioner timely responded. The Director denied the petition concluding that although the Petitioner is eligible for EB-2 classification as an individual of except…
SEP182024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2024
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The remaining issue 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 of the Dhanasar analytical framework requires the Petitio…
SEP172024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
—
A petitioner must establish a beneficiary's possession of all the education, training, and experience specified on an accompanying labor certification by a petition's priority date. 1 8 C.F .R. §§ 103.2(b )(1), (12); see also Matter of Wing's Tea House, 16 I&N Dec. 158, 159 (Acting Reg'l Comm'r 1977); Matter ofKatigbak, 14 I&N Dec. 45, 49 (Reg'l Comm'r 1971…
SEP172024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 17, 2024
—
The VA WA petition was filed in March 201 7, and denied in November 2018 due to abandonment. In August 2018, the Director issued a NOID informing the Petitioner that she had not established that she was a person ofgood moral character as required and requested that the Petitioner submit evidence demonstrating her good moral character. See section l0l(f) of…