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Showing 1401–1425 of 7923 (page 57 / 317)
JUL082024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2024
—
In our prior decision dismissing the Applicant's combined motions to reopen and reconsider, incorporated here by reference, we concluded that the Applicant did not establish he is the child named O-M-Z- born out of wedlock to a U.S. citizen father named on the 1972 birth registration, and the birth registration filed six years after the child's birth is not…
JUL082024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2024
—
Upon review of the record, the Petitioner does not indicate or establish that he qualifies as a member of the professions holding an advanced degree. Thus, the record must establish that he qualifies as an individual of exceptional ability in aviation or aircraft maintenance.
A. Exceptional Ability
To establish eligibility as an individual of exceptional a…
JUL082024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2024
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The issues here are whether the Petitioner: ( l) has submitted new facts, supported by documentary evidence, to warrant reopening, and (2) has established that we incorrectly applied the law or USCIS policy in dismissing her appeal. And the matters the Petitioner must first overcome within this motion are limited to the issues discussed within our most rece…
JUL082024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2024
—
The Director found that the Petitioner 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. The Petitioner proposes to work as a health auditor an…
JUL082024_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 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, we agree with the Direc…
JUL082024_15B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2024
—
The Petitioner, a citizen and national of Brazil currently residing in the United States, provided evidence of a bachelor's degree in Psychology from and a bachelor's of Dentistry from _______________ The Petitioner provided evidence from Morningside evaluations and consulting as well as the academic records that establish her degree in dentistry qualifies…
JUL082024_16B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2024
—
The
Director determined that the Petitioner qualified as an individual of exceptional ability but did not establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons discussed below, we agree with the Director that the Petitioner has not sufficiently demonstrated the national importance of his proposed endeavor under t…
JUL082024_17B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2024
—
A. EB-2 Classification
The Director determined that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. B. Substantial Merit and National Importance The first Dhanas…
JUL052024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
A. Evidentiary Criteria
The Director concluded that the Petitioner did not establish he had received a major, internationally recognized award. On appeal, the Petitioner has not specifically challenged this finding, he has therefore waived this claim. See, e.g., Matter ofM-A-S-, 24 I&N Dec. 762, 767 n.2 (BIA 2009). As such, to meet the initial evidentiary r…
JUL052024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
The Petitioner proposes to work in the United States as a human resources specialist 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, and thus a labor…
JUL052024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
A. The Motion to Reopen The Beneficiary's motion to reopen contains copies of previously submitted materials. The motion does not "state the new facts to be provided in the reopened proceeding." 8 C.F.R. § 103.5(a)(2). We must dismiss "[a] motion that does not meet applicable requirements." 8 C.F.R. § 103.5(a)(4). We must therefore dismiss the Beneficiary's…
JUL052024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
The Petitioner claims to be an individual of extraordinary ability based on his skills and experience as an athlete and sports planner. The record indicates that the Petitioner's initial experiences as an athlete who competed in cycling races segued to other athletic pursuits that entailed simultaneously competing in and organizing sporting events. The Peti…
JUL052024_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
At issue in this case is whether the Petitioner established that there is a bona fide job opportunity that was open and available to U.S. workers. For the reasons discussed below, we will withdraw the Director's decision and remand the matter for further consideration and entry of a new decision. A labor certification employer must attest that "[t]he job op…
JUL052024_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
Because the Petitioner has not indicated or established receipt of a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). In denying the petition, the Director determined the Petitioner did not fulfill any of the four claimed categories of evidence. On appeal, the Peti…
JUL052024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
The Director concluded that the Petitioner qualifies for the EB-2 classification as a member of the professions holding an advanced degree. The record includes a master's degree from Colombia, the underlying academic record, and a diploma evaluation, indicating that the Petitioner may have a foreign equivalent of a U.S. master's degree. 8 C.F.R. § 204.5(k)(…
JUL052024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
At the time of filing, the Petitioner indicated his desire to remain in the United States and continue his work as a mechanical engineer and manager with I I At the time of filing, the Petitioner stated through counsel: [The Petitioner] is a professional who occupies a crucial position in the company where he works. His field of expertise is the management…
JUL052024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
The Director determined that the Petitioner qualified for the underlying EB-2 classification as an advanced degree professional. Therefore, the remaining issue 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 Director concluded that the Petitioner's…
JUL052024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2024
—
The Petitioner proposes to offer consultancy services to businesses through her New York-based consulting company. She aims to leverage her experience in creating occupational safety and health administration (OSHA) systems to train both employees and employers on OSHA-related issues. The Director concluded that the Petitioner qualified as a member of the p…
JUL042024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 04, 2024
—
The Petitioner intends to operate a business, _____________ in New Jersey and provide financial advice and business formation trainings to entrepreneurs and microentrepreneurs, especially to the women heads of household. The Director concluded that the Petitioner's endeavor has substantial merit but not national importance under the first prong of the Dhana…
JUL032024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 03, 2024
—
The Petitioner filed this petition in August 2023. He is presently engaged as a postdoctoral research fellow in a biomedical engineering laboratory at a university located in Maryland and intends to continue pursuing his career there. In a personal statement submitted in response to the Director's request for evidence (RFE) he indicated that he conducts "[r…
JUL032024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 03, 2024
—
The sole issue before us on appeal is whether the Director properly revoked the approval of the petition. While the record reflects that the Director issued the NOrR for good and sufficient cause, the revocation decision does not address relevant evidence the Petitioner provided in response to the NOrR. Accordingly, we will withdraw the Director's decision…
JUL032024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 03, 2024
—
The Director determined that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree. Accordingly, the sole issue to be addressed on appeal is whether the Petitioner has established that a waiver of job offer requirement, and thus a labor certification, would be in the national interest. Whil…
JUL032024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 03, 2024
—
A. Substantial Merit and National Importance The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake and its "potential prospective impact." Id. at 889. The endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology…
JUL022024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 02, 2024
—
The Petitioner submitted evidence that she holds the equivalent of a United States master's degree. The Director determined 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 she qualifies for and merits a waiver of the job offer requirement in the national…
JUL022024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 02, 2024
—
A. Intent to Employ the Beneficiary 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 Izdeb…