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Showing 1126–1150 of 7923 (page 46 / 317)
AUG132024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
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A. The Nature of the Beneficiary's Foreign and Proposed U.S. Work The Petitioner's motions address only its claimed qualifying relationship to the Beneficiary's foreign employer. As previously indicated, however, we did not dismiss the company's prior motion based only on the claimed qualifying relationship. Rather, we also dismissed the motion based on ins…
AUG132024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
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Regarding 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 intends to establish a water polo club in Georgia. With the initial evidence provided with her petition, she stated that the water polo club is "an aquatic center that pr…
AUG132024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
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A petitioner must demonstrate its continuing ability to pay an offered job's proffered wage, from a petition's priority date until a beneficiary obtains lawful permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence of ability to pay must generally include copies of annual reports, federal tax returns, or audited financial statements. Id. If a petitioner empl…
AUG132024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
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The Petitioner claims that she was born in in Nigeria onl I 2002. With her SIJ petition filed in March 2022, the Petitioner included 2019 court order titled ORDER AND FINDINGS, showing that the Superior Court ofthe New Jersey, Chancery Division-Family Part,I (Family Court), stated that the Petitioner's name is Z-0-E-, that her date of birth is 2002, and tha…
AUG132024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
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Because the Petitioner did not indicate or establish the Beneficiary has received a major, internationally recognized award, it must demonstrate the Beneficiary satisfies at least three of the alternate regulatory criteria at 8 C.F.R. § 214.2(o)(3)(iii)(B)(l)-(8). The Director determined the Beneficiary fulfilled only one criterion, published material under…
AUG132024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
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A. EB-2 Classification
The Petitioner is a nurse in the field of obstetrics. She submitted a diploma and transcripts for her foreign degrees in nursing and applied obstetric nursing. The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree but did not provide any analysis of the evidence in the record. A…
AUG132024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
—
In his business plan, the Petitioner states he will be the head bookkeeper and tax preparer for a Massachusetts-based accounting, bookkeeping, and tax preparation company serving American, Brazilian, and Hispanic populations and businesses. The Petitioner explains his company opened in 2022, he is the sole owner and employee, and he plans to open offices in…
AUG132024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
—
The Petitioner has not claimed she is a member of the professions holding an advanced degree, nor does the record contain evidence that the Petitioner previously earned a U.S. baccalaureate degree or its foreign equivalent. Therefore, to qualify for EB-2 immigrant classification, the Petitioner must establish she is an individual of exceptional ability in t…
AUG132024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
—
The Petitioner is an entrepreneur who has worked as a medical device and product sales representative. She holds a bachelor's degree in nursing and has worked in the medical field and the financial sector. The Director found the Petitioner qualified for underlying EB-2 classification as a member of the professions holding an advanced degree. However, the Di…
AUG132024_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
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A. EB-2 Visa Classification
As indicated above, the Petitioner must first demonstrate qualification for the underlying EB-2 visa classification as either an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 203(b)(2)(B)(i) of the Act. The Director determined that the Petitioner is a member ofthe…
AUG132024_14B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 13, 2024
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In her business plan, the Petitioner states she will establish an environmental consulting company offering services in environmental law and environmental, social and governance solutions and act as the chief executive officer (CEO) of the company. The Petitioner explains the company will provide"comprehensive legal advice on environmental issues." The Pet…
AUG122024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2024
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A. Evidentiary Criteria
Because the Petitioner has not claimed or established the Beneficiary's receipt of a major, internationally recognized award, the Beneficiary must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Director determined the Beneficiary met three of the claimed evidentiary criteria relating…
AUG122024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2024
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The Director issued the NOIR to the Petitioner's address of record by "routine service," which generally consists of "mailing the notice by ordinary mail addressed to the affected party and [their]
attorney or representative ofrecord at [their] last known address." 8 C.F.R. § 103.8(a)(l ). On motion, the company contends that the Director should have perso…
AUG122024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2024
—
Regarding 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 intends to work as a pastor, and offer services relating to pastoral counseling, "growing ... a mature firm that will engage the services of other skilled counselors." Th…
AUG122024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2024
—
The
Petitioner is currently employed as the head of microbiology for a pharmaceutical company in the United States, focusing on sterility in pharmaceutical production operations. He holds a master's degree in applied microbiology from I in India and has been working in the field of microbiology in the pharmaceutical industry since graduating in 2009. The re…
AUG122024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2024
—
A. EB-2 Classification
The Petitioner is a specialist in lobbying and government relations in the healthcare and pharmaceutical industry in Brazil. He asserts he is qualified for the EB-2 classification as a member of the professions holding an advanced degree based on his foreign equivalent to a U.S. bachelor's degree and over five years of progressive exp…
AUG122024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2024
—
A. EB-2 Classification
The Petitioner asserts on appeal that the Director erroneously determined that he does not qualify for the EB-2 classification as an individual of exceptional ability. The Director concluded that the Petitioner meets three out of the six required criteria; yet the record did not establish he is recognized as having a degree of experti…
AUG122024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2024
—
The Petitioner is a nutnt10nist who has primarily focused on clinical pediatric treatments and interventions. She holds a bachelor's degree in nutrition and has worked as a nutritionist, predominantly in hospital settings. The Director found the Petitioner qualified for underlying EB-2 classification as a member of the professions holding an advanced degree…
AUG122024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2024
—
The Petitioner proposes to work in the United States as a legal analyst and entrepreneur through her company, ____________ 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,…
AUG092024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2024
—
The Petitioner stated that he accomplished numerous achievements in his field of expertise which have been recognized on both a national and international level. Because the Petitioner has not indicated or shown that he received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5…
AUG092024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2024
—
A. Intent to Employ in the Offered Job A business may file an immigrant visa petition ifit is "desiring and intending to employ [ a noncitizen] within the United States." Section 204(a)(l)(F) of the Act. A petitioner must intend to employ a beneficiary under the terms and conditions of an accompanying labor certification. See Matter of lzdebska, 12 I&N Dec.…
AUG092024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2024
—
The Petitioner filed this fiancee petition on behalf of the Beneficiary on January 3, 2023 thus the relevant time period in which she must show she and the Beneficiary met is between January 3, 2021 and January 2, 2023. On the Form I-129F, the Petitioner explained that she and the Beneficiary had not personally met in the two-year period immediately precedi…
AUG092024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2024
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A. Advanced Degree Professional
Advanced degree is defined as any United States academic or professional degree or a foreign equivalent degree above that of a baccalaureate. 8 C.F.R. § 204.5(k)(2). A United States or foreign equivalent bachelor's degree followed by at least five years of progressive experience in the specialty shall be considered the equiva…
AUG092024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2024
—
A. Eligibility for the EB-2 Classification The Director determined that the Petitioner was eligible for the EB-2 classification as a member of the professions holding an advanced degree. Accordingly, the sole issue on appeal is whether the Petitioner merits an NIW of the EB-2 classification's job offer requirement as a matter of discretion. We agree with th…
AUG082024_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2024
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As noted, the Director determined that the Petitioner, who claims eligibility for the EB-2 classification as both an advanced degree professional and as an individual of exceptional ability, qualifies for the requested visa classification. However, the Director determined that the record did not establish his eligibility under the second and third prongs of…