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Showing 1351–1375 of 7923 (page 55 / 317)
JUL122024_02B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2024
—
The only issue correctly before us on appeal is whether the immediate prior decision - that is, the Director's decision to dismiss the motion to reopen and motion to reconsider - was correctly decided. Our review and analysis in this matter, therefore, will focus on that determination. Upon review, we concur with the Director's decision dismissing the motio…
JUL122024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2024
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The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree. The record supports this determination. The Petitioner provided evidence that he attained the foreign equivalent of a bachelor's degree in industrial engineering followed by more than five years of progressive experience in this field. See 8 C.F.…
JUL122024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2024
—
The Director concluded that the Petitioner's proposed endeavor has substantial merit but not national importance under the first prong of the Dhanasar's analytical framework. 2 Specifically, the Director found that the Petitioner did not establish his endeavor would have a broad impact on the field or significant positive economic effects commensurate with…
JUL122024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 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 a labor certification, would be in the national interest. For the reasons discussed below, following a de novo rev…
JUL122024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2024
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The Director determined that the Petitioner qualifies for underlying EB-2 classification 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. The Petitioner ind…
JUL112024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
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The Petitioner claims to be an individual of extraordinary ability in the arts based on his skills and experience as a furniture designer. The Petitioner provided evidence that he currently owns and operates his own business where he sells the furniture he designs. The Petitioner does not claim or submit evidence to show that he received a major, internatio…
JUL112024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
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The Petitioner proposes to create _________ company, providing a combination of industry-specific outsourced tasks such as "sourcing, purchasing, maintenance, overhaul management, logistics, clearance, assessment, eligibility, airworthiness, and traceability." This endeavor will be a service suite and will manage all aircraft related components and parts, f…
JUL112024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
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"[A]t any time" before a beneficiary obtains permanent residence, users may revoke a petition's approval "for good and sufficient cause." Section 205 of the Act, 8 U.S.e. § 1155. Unless a petition is automatically revocable under 8 e.F.R. § 205 .1 ( a )(3 )(iii), users must notify a petitioner of alleged revocation grounds and give the filer an opportunity…
JUL112024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
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The Petitioner claims to be an individual of extraordinary ability based on his skills and experience as an automotive technician specializing in paintless dent repair (PDR). The Petitioner provided evidence that he currently owns and operates his own business where he provides PDR services to his clientele in the State of Florida.
A. Evidentiary Criteria…
JUL112024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree, but she did not establish that her proposed endeavor has national importance as required to establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we conclude that the Petitioner has no…
JUL112024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
Qualifying for a national interest waiver requires a petitioner to first establish eligibility for the underlying EB-2 immigrant classification. Meeting the exceptional ability standards requires the foreign national to submit documentation that satisfies at least three of the six categories of the following types of evidence listed at 8 C.F.R. § 204.5(k)(3…
JUL112024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
The Petitioner submitted evidence that she holds the equivalent ofa United States baccalaureate degree and over five years of progressive experience in business administration. The Director determined that the Petitioner qualified for EB-2 classification as a member ofthe professions holding an advanced degree. We agree. The only issue on appeal is whether…
JUL112024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
The Petitioner is a managing partner of an oral health company who proposes to serve as the chief executive officer of a dental services company operating clinics in the United States. The Petitioner claims to be an advanced degree professional based on his bachelor's degree and over five subsequent years of progressive experience in his specialty. The Peti…
JUL112024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
The Petitioner is an interpreter and translator who has worked in education and tourism. In her business plan, the Petitioner described her proposed endeavor as creating a company providing interpreting and translation services in English, Spanish and Portuguese to hospitals and clinics, insurance brokers, law offices, schools, and universities. The Petitio…
JUL112024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
The Petitioner submitted evidence that she holds the equivalent ofa United States baccalaureate degree and over five years of progressive experience in physical therapy. She thus qualifies for EB-2 classification as a member of the professions holding an advanced degree. See 8 C.F.R. § 204.5(k)(2) (stating a foreign equivalent of a United States baccalaurea…
JUL112024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
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A. EB-2 Classification
The Petitioner submitted a Doctor in Veterinary Sciences degree from the _______ I 1. 3 The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree and we agree.
B. National Interest Waiver
1. Substantial Merit
The first prong, substantial merit and national importance, focuses on t…
JUL112024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
The Petitioner is a nurse who has worked in her field for over ten years. In her business plan, the Petitioner described her proposed endeavor as "providing high-quality, personalized nursing services to patients in the U.S." and teaching at health education institutions. The Petitioner proposed to work at "general healthcare institutions in the U.S."
A. E…
JUL112024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
Applying the three-prong analytical framework set forth in Matter of Dhanasar, 26 l&N Dec. 884, 889 (AAO 2016), the Director reached only the first prong, concluding that the Petitioner did not establish that her endeavor has national importance.2 As the Director's finding that the Petitioner did not meet the first prong of the Dhanasar framework was dispos…
JUL112024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2024
—
The Director concluded that the Petitioner qualified as an advanced degree professional. The remaining issue to be determined on appeal is whether the Petitioner established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Petitioner intended to develop a business providing wellness prod…
JUL102024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 10, 2024
—
As noted above, the Director concluded the record does not establish the Petitioner received a one time achievement of a major, internationally recognized award. The Director further determined that the record does not satisfy, in the alternative, at least three of the 10 listed at 8 C.F.R. § 204.5(h)(3)(i)-(x) and the Director specifically analyzed the cr…
JUL102024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 10, 2024
—
The record indicates that the Petitoner 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 a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. At the time of filing, the Petitioner was working as…
JUL102024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 10, 2024
—
Long-standing legal standards require that the Director first determine whether the proffered position qualifies for classification as a specialty occupation and then move to determine whether the Beneficiary was qualified for the position at the time the nonimmigrant petition was filed. Cf.Matter ofMichael Hertz Assocs., 19 I&N Dec. 558, 560 (Comm'r 1988).…
JUL102024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 10, 2024
—
The Petitioner did not initially indicate or establish that he has received a major, internationally recognized award, but sought to satisfy at least three of the ten alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). Ultimately, the Director approved the petition in February 2017. On July 6, 2021, the Director issued a notice of intent to revo…
JUL102024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 10, 2024
—
The
Director determined that the Petitioner qualified for the EB-2 classification as an advanced degree professional, and the record supports this determination. 2 The Director also found that the Petitioner's proposed endeavor had substantial merit. The remaining issues, therefore, are whether the Petitioner has established that her endeavor has national i…
JUL102024_02D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 10, 2024
—
We conclude that a remand is warranted in this matter. The Petitioner seeks to employ the Beneficiary as a habilitation counselor. It submitted a labor condition application (LCA) certified for a position in the Occupational Information Network (O*NET) Rehabilitation Counselor standard occupational category (SOC) 21-1015. 00. The Petitioner stated the posit…