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Showing 1701–1725 of 7923 (page 69 / 317)
MAY152024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2024
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The Petitioner indicated on pages 4 and 6 of his petition that on December 12, 2017, he invested $500,000 1 inl I the new commercial enterprise (NCE), which is sponsored by I Ipursuant to the Immigrant Investor Pilot Program. According to the Confidential Private Placement Memorandum (PPM), the NCE proposes to pool $31,000,000 from 62 immigrant investors an…
MAY152024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2024
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in July 2016 with a Supplement B, identifying the certifying agency as the Municipal Court, and signed and certified by the chief prosecutor of the _ Municipal Court, I I New Jersey in January 2016. 1 On this Supplement B, a box was checked in Section 3.1 indicating that the Petiti…
MAY152024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2024
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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…
MAY152024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2024
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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…
MAY142024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner is the owner, manager and employee of I I her family's telecommunications and energy company in Ecuador.…
MAY142024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
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A. Qualification for the Offered Position A skilled worker must be capable of "performing skilled labor (requiring at least 2 years training or experience)." Section 203(b)(3)(A)(i) of the Act. The requirements for the offered position are set forth at Section H of ETA Form 9089. USCIS must examine the job offer portion of the labor certification to determi…
MAY142024_01D7101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
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As noted, the Director denied the petition on multiple grounds, concluding that the Petitioner did not demonstrate that (1) the Beneficiary had the required one-year of continuous employment with its foreign parent company in the three years preceding the filing of the petition; and (2) the Beneficiary was employed abroad, and would be employed in the Unite…
MAY142024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
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The Petitioner has not claimed-nor does record establish-that she is a member of the professions holding an advanced degree. Therefore, to qualify for EB-2 immigrant classification, the Petitioner must establish she is an individual with exceptional ability in the sciences, arts, or business. A. Individual of Exceptional Ability The Director concluded that…
MAY142024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
—
The Director determined that the Petitioner did not demonstrate her eligibility for EB-2 classification as either a member of the professions holding an advanced degree or its equivalent or a person who has exceptional ability.4 Section 203(b)(2)(A) of the Act, 8 C.F.R. § 204.S(k). Concerning the national interest waiver, the Director determined that the Pe…
MAY142024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
—
A. EB-2 Classification
Upon de novo review of the record, we will withdraw the Director's conclusion the Petitioner demonstrated they were an advanced degree professional eligible for classification as an employment based second preference immigrant. The Director determined that the Petitioner qualifies as a member of the professions holding an advanced deg…
MAY142024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
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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. A. The Proposed Endeavor's Substantial Merit and National Importance The first Dhana…
MAY142024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
—
As noted above, the Director concluded that the Petitioner does not qualify for classification as a member ofthe professions holding an advanced degree; however, the Director did not address whether, in the alternative, the Petitioner qualifies for classification as an individual of exceptional ability. See section 203(b )(2) of the Act. Furthermore, the re…
MAY142024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
—
A. EB-2 Classification
The
Petitioner asserts his eligibility for EB-2 classification based on his degree, which was determined to be the equivalent to a bachelor's degree in legal studies, plus 18 years of professional experience. The Director agreed, and in their RFE concluded the Petitioner qualifies as a member of the professions holding an advanced de…
MAY142024_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 14, 2024
—
The Director determined that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree. The sole issue before us is whether the record establishes that a waiver of the job offer requirement, and thus of a labor certification, would be in the national interest. The Director concluded in the denial that the Pet…
MAY132024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2024
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The Petitioner is a scout and experienced mountain climber. He intends to continue his scouting activities in the United States, and also intends to serve as an instructor and promoter of the sport of mountain climbing.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he has received a major, internationally recognized a…
MAY132024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2024
—
The Petitioner proposes to establish a home care consulting business in the United States. A. Member of Professions Holding an Advanced Degree The Director determined that the Petitioner did not establish eligibility for the underlying EB-2 classification as a member of the professions with an advanced degree.3 In the decision, the Director explained that t…
MAY132024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2024
—
Upon review of the record in its totality, we conclude that the Petitioner has not established that he merits a discretionary waiver of the two-year personal meeting requirement for the following reasons. The Petitioner filed the fiance(e) petition on November 29, 2021, thus the relevant time period in which he must show he and the Beneficiary met is betwee…
MAY132024_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2024
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The Director determined that the Applicant is inadmissible under section 212(a)(6)(C)(i) of the Act because he previously misrepresented his marital status to obtain a U.S. nonimmigrant visa. The Applicant does not contest this determination, and it is supported by the record. 1 The issues on appeal are whether the Applicant has established that his qualify…
MAY132024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2024
—
A misrepresentation is an assertion or manifestation that is not in accord with the true facts. As outlined by the Board of Immigration Appeals (BIA), a material misrepresentation requires that the foreign national willfully make a material misstatement to a government official for the purpose of obtaining an immigration benefit to which one is not entitled…
MAY132024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2024
—
As an initial matter, we note that the Petitioner asserts on appeal through counsel that in denying the petition, the Director "imposed novel substantive and evidentiary requirements beyond those set forth in the regulations." However, the Petitioner does not offer a detailed analysis explaining the particular ways in which the Director "imposed novel subst…
MAY132024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2024
—
The Petitioner's appeal is essentially a reiteration of the documentation and argument they previously submitted with their RFE response. The Petitioner reasserts that they are of exceptional ability citing the same evidence, documentation, and arguments the Director evaluated in the initial petition and in the response to the RFE. They also re-emphasize th…
MAY132024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2024
—
The Director observed the evidence in the record supported the Petitioner's eligibility for EB-2 classification as an individual who is a member of the professions holding an advanced degree. But the Director ultimately concluded that the Petitioner's substantially meritorious proposed endeavor did not rise to a level of national importance as required by t…
MAY102024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
—
As a preliminary matter, we emphasize that the Petitioner has not appealed the April 6, 2023 denial of the Form I-140 itself, but rather the Director's subsequent dismissal ofhis combined motions to reopen and reconsider dated September 1, 2023. In the September 2023 decision, the Director did not affirm the prior denial but rather, the Director concluded t…
MAY102024_01B6203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
—
A. The Summary Dismissal
We must summarily dismiss an appeal that does not "identify specifically any erroneous conclusion oflaw or statement of fact." 8 C.F.R. § 103.3(a)(l)(v). Consistent with the regulation, the Petitioner asserted erroneous statements of specific facts. We will therefore grant the company's motion to reconsider and review the Director's…
MAY102024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
—
In I 12022, when the Petitioner was 13 years old, the State of Rhode Island Family Court in I (juvenile court), issued an Order (SIJ Order). The SIJ Order indicated that both Petitioner's parents were extorted by gang members in El Salvador. The Petitioner's father was murdered in El Salvador by these gang members in 2015. Thereafter, her mother continued t…