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Showing 1451–1475 of 7923 (page 59 / 317)
JUN272024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2024 The Petitioner seeks to work in the field of project management with his own company, I I __ The Petitioner did not initially provide supporting evidence with his petition. The Director sent a request for evidence (RFE) seeking additional documentation of the Petitioner's qualifications for EB-2 classification, the proposed endeavor, and eligibility under t…
JUN272024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2024 The Director found that the Petitioner qualifies for the EB-2 classification as a member of the professions holding an advanced degree. 2 We agree that the record supports that determination. The issue 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 int…
JUN272024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2024 A. EB-2 Classification The Petitioner is an entrepreneur and business consultant in the field of strategic management. She submitted a master's degree in planning and strategic direction from __________ I lin Ecuador. The record also shows she has a degree in hotel management and tourism. The Petitioner's diplomas and transcripts are accompanied by an acade…
JUN262024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2024 The Petitioner earned a foreign Bachelor of Technology in Civil Engineering in addition to a Master of Business Administration from a U.S. institution ofhigher learning. He now works as a general and operations manager for an e-commerce company. Because the Petitioner has not indicated or established that he has received a major, internationally recognized…
JUN262024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2024 In this case, the Petitioner claims to have invested $500,000 in the NCE. According to page 5 of the 2016 business plan, the NCE "is seeking an aggregate of ... $190 million of capital commitments" to"make a loan to which "will use the EB-5 loan proceeds to make a capital contribution to I The business plan explains that I I will use the funds to"construct…
JUN262024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 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). The Petitioner initially claimed to have satisfied five of these criteria, but the Director determined the Petitioner fulfilled only two: judging t…
JUN262024_03B2203
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2024 The Petitioner is an artist whose work has been featured in several exhibitions in New York. She studied illustration at the __________ and painting at the ________ The Petitioner intends to continue her work as an artist in the United States. As a preliminary matter, we acknowledge that the Petitioner has been the Beneficiary of an approved O-lB petition.…
JUN262024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2024 A. EB-2 Classification Although the Director did not address the Petitioner's eligibility for EB-2 classification, the record establishes that he qualifies for EB-2 classification as a member of the professions holding an advanced degree. An advanced degree is any U.S. academic or professional degree or a foreign equivalent degree above that of a bachelor's…
JUN262024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2024 The Petitioner is a lawyer who proposes to work as a law consultant for corporations seeking to expand their business with Latin American companies. In his Professional Plans and Statement submitted in response to the Director's request for evidence, the Petitioner stated he would provide corporations with advice and guidance on labor, tax, and corporate la…
JUN262024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2024 The Director concluded that the evidence confirms the Petitioner "qualifie[ s] as an individual holding an advanced degree." However, the Director determined that she has not established "the proposed endeavor has substantial merit," and has not demonstrated "the national importance of [her] proposed endeavor as required by the first prong of the Dhanasar p…
JUN262024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2024 The Petitioner submitted evidence that he attained the equivalent of a United States bachelor's degree and has over five years of progressive post-baccalaureate experience in his specialty. The Director determined that the Petitioner qualified for EB-2 classification as a member of the professions holding an advanced degree. We agree. The only issue on appe…
JUN252024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 After reviewing the entirety of the record, we agree with the Director's conclusion 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 the waiver of the requirement of a job offer, and thus a labor certification, would be in the national…
JUN252024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 In our prior decision, we dismissed the Petitioner's motion to reopen, finding that, contrary to 8 C.F.R. § 103.5(a)(2), it did not state "new facts." We dismissed the company's motion to reconsider because we previously rejected its arguments. See, e.g., Matter of O-S-G-, 24 I&N Dec. 56, 58 (BIA 2006) ("[A] motion to reconsider is not a process by which a…
JUN252024_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 The Beneficiary currently holds R-1 nonimmigrant status as a religious worker and is employed in the Petitioner's Buddhist temple as a monk/minister. The sole reason for denial of the immigrant petition identified in the Director's decision was that the Petitioner had not established that the Beneficiary had been continuously employed in a full-time, compen…
JUN252024_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 The Director determined that the Petitioner did not establish that the Beneficiary has been employed abroad in a qualifying capacity. The Petitioner does not claim that the Beneficiary has been employed abroad in a capacity that is managerial or involves specialized knowledge. Therefore, we restrict our analysis to whether the Beneficiary has been employed…
JUN252024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 As noted above, the Director concluded that the Petitioner does not qualify for classification as an individual of exceptional ability; however, the Director did not specify whether, in the alternative, the Petitioner qualifies for classification as a member of the professions holding an advanced degree. See section 203(b )(2) of the Act. The record does no…
JUN252024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 Regarding the national interest waiver, the first prong relates to substantial merit and national importance ofthe specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends to establish "a mixed used grocery store where fresh healthy staple goods will be offered along with fresh daily cooked meals prepared within the grocery store kit…
JUN252024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 The Director determined that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree and the record supports this conclusion. 3 Therefore, the primary issue on appeal is whether the Petitioner meets the requirements of the three prongs of the Dhanasar analytical framework and otherwise merits…
JUN252024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 A. EB-2 Classification The Petitioner is a marketing and communications specialist. He submitted a diploma and transcripts for his 2011 degree in marketing from the I in Ecuador; along with an academic evaluation that states his degree is equivalent to a U.S. bachelor's degree in marketing. In addition, the Petitioner submitted an employment letter that est…
JUN252024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 A. EB-2 Classification The Director did not address the Petitioner's eligibility for the EB-2 classification; however, because we are dismissing this appeal on the dispositive issue explained below, we reserve our review of the Petitioner's eligibility for EB-2 classification. See INS v. Bagamasbad, 429 U.S. 24, 25 (1976) (noting that "courts and agencies a…
JUN252024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 The Petitioner is a business administrator who proposes to direct a human resources consulting and recruitment company in Florida. The Director determined the Petitioner holds the equivalent of a U.S. baccalaureate degree. We agree. The Director concluded, however, that the Petitioner did not demonstrate that she had five years of progressive experience in…
JUN252024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 The Director determined that the Petitioner qualified as an individual of exceptional ability, because he met at least three of the six criteria required for this classification, but did not establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner has not established eli…
JUN252024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2024 The Director found that the Petitioner neither established that he has an advanced degree nor that he is an individual of exceptional ability, and as such did not establish that he qualifies for EB-2 classification. The Director further found that the Petitioner did not establish eligibility under any of the three required prongs of the Dhanasar analytical…
JUN242024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2024 The Director found that the Petitioner did not establish that he is a member of the professions holding an advanced degree, and as such did not establish that he qualifies for the EB-2 classification. The Director further found that the Petitioner did not demonstrate eligibility under any ofthe three required prongs of the Dhanasar analytical framework, and…
JUN242024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2024 A review of any motion is narrowed to the basis for the prior adverse decision. Accordingly, we will examine any new facts and arguments to the extent that they pertain to our most recent decision - the dismissal of motions to reopen and reconsider. As such, our analysis for these motions is limited to the following: (I) whether we erred in dismissing the P…
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