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Showing 2226–2250 of 7923 (page 90 / 317)
FEB272024_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 27, 2024 A. Relevant Facts and Procedural History In I 12022, when the Petitioner was 20 years old, the Massachusetts Trial Court, Probate and Family Court Department, issued a Judgment ofDependency (dependency order) and Special Findings of Fact and Rulings of Law (SIJ order), finding the Petitioner dependent upon the court. The Massachusetts Trial Court determined…
FEB272024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 27, 2024 The Director observed the Petitioner was eligible 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 1 proposed endeavor did not rise to a level of national importance as required by the first prong of Dhanasar. The Dire…
FEB272024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 27, 2024 The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree, and we agree with that determination. Accordingly, the remaining issue to be determined on appeal 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 i…
FEB272024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 27, 2024 Within the initial filing, the Petitioner did not clearly indicate the basis under which she was applying. The Petitioner did not plainly identify whether she was applying as a member of the professions holding an advanced degree, or alternatively as an individual of exceptional ability. Based on the initial filing documents, the Director issued a request f…
FEB272024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 27, 2024 The Director concluded 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 waiver ofthe requirement ofa job offer, and thus a labor certification, would be in the national interest. A. Proposed Endeavor The Petitioner's initial personal…
FEB272024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 27, 2024 The Petitioner proposes to establish a rehabilitation clinic business in the United States having previously worked as an occupational therapist in Brazil. The Director determined that the Petitioner established eligibility for the underlying EB-2 immigrant as a member of the professions holding an advanced degree. We agree with the Director's determination…
FEB272024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 27, 2024 The Director observed the Petitioner was eligible for EB-2 classification as an individual who is a member of the professions holding an advanced degree. But the Director ultimately concluded the Petitioner's substantially meritorious 1 proposed endeavor did not rise to a level ofnational importance as required by the first prong of Dhanasar. The Director a…
FEB272024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 27, 2024 A Exceptional Ability The first issue on appeal is whether the Petitioner has established that he is eligible for the EB-2 visa classification as an individual of exceptional ability in the sciences, arts, or business.4 This classification can only be granted to noncitizens with a degree of expertise significantly above that ordinarily encountered in their…
FEB262024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 26, 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 the appeal. As such, our analysis for these combined motions is limited to the following: whether we erred in concluding that the Petitioner has…
FEB262024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 26, 2024 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 permanent residence. 8 e.F.R. § 204.5(g)(2). Initial evidence must generally include copies of an annual report, federal tax return, or audited financial statements for each available year, from the year of…
FEB262024_01B7203
Accepted
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 26, 2024 The Petitioner indicated on page 6 of her petition that on May 24, 2018, she invested $500,000 1 in I Ithe new commercial enterprise (NCE), which is associated with the I Ipursuant to the Immigrant Investor Pilot Program. According to the Amended and Restated Confidential Private Placement Memorandum (PPM) of the NCE, the NCE proposed to pool $250,000,000 f…
FEB262024_01D8101
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 26, 2024 Because the Petitioner has not indicated or established that the Beneficiary has received a major, internationally recognized award, it must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 214.2(o)(3)(iii)(B)(])-(8). The Petitioner asserted in response to the Director's request for evidence that the Beneficiary fulfilled five crite…
FEB262024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 26, 2024 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 states that he has more than 20 years of experience as a tax and accounting specialist. He is currently…
FEB262024_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 26, 2024 The Petitioner, a native and citizen of Israel, married E-M-S-, 1 (also known as E-M-D-) a U.S. citizen, inl 12016. He filed the instant VAWA petition in June 2020 based on this marriage. The Director deemed the initial evidence submitted in support ofthe VA WA petition to be insufficient to establish eligibility under the criteria of a good faith marriage,…
FEB232024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2024 In this case, the Petitioner claims to have invested at least $500,000 in the NCE. According to pages 3, 4 and 10 of the November 2017 business plan, the NCE seeks to solicit funds from noncitizen investors to lend to.__----.=========.---'to facilitate the development and operation of a hotel under theOhotel brand inl~----~ The Petitioner explained in an Au…
FEB232024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2024 The record demonstrates that the Petitioner qualifies as a member of the professions holding the equivalent of an advanced degree as defined at 8 C.F.R. § 204.5(k)(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 ce1tification, would be in the national intere…
FEB232024_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2024 A. The Beneficiary The record shows that the Beneficiary, a Venezuelan national and citizen, has worked for the Petitioner's affiliate in Venezuela as president since it commenced business in 2011. The record shows that he and his spouse co-own the Petitioner and his foreign employer, which both distribute agricultural equipment and parts. The Beneficiary e…
FEB232024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 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 conclude that the Pe…
FEB222024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2024 As noted above, the Director concluded the record does not establish the Beneficiary received a one­ time achievement of a major, internationally recognized award. The Director farther concluded 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). The Petitioner does not overcome the Directo…
FEB222024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2024 The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined on appeal 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 first prong, substantial…
FEB222024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2024 A. Relevant Facts and Procedural History Inl 12022, when the Petitioner was 20 years old, the Superior Court of Califomia,I._______. I I issued a Special Immigrant Juvenile Findings order (SIJ order), appointing the Petitioner's grandmother as her guardian and finding the Petitioner cannot reunify with her father due to abandonment under California state la…
FEB222024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2024 The Director determined the Petitioner did not claim the Beneficiary's nomination for, or receipt of: significant national or international awards or prizes under 8 C.F.R. § 214.2(o)(3)(iv)(A). In addition, the Director concluded the Petitioner did not establish the Beneficiary's eligibility for any of the six claimed categories of evidence under 8 C.F.R. §…
FEB222024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2024 The Petitioner is a civil engineer with several years of experience in the construction of metal scaffolding and other building support structures. He initially stated that he intends to continue working in this field in the United States, including training construction workers. The Director determined that the Petitioner established his eligibility for th…
FEB222024_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2024 A. Relevant Facts and Procedural History Inl 12012, when the Petitioner was seven years old, the ._________ _.Court in I,___ _, Texas, issued an Order in Suit Affecting the Parent-Child Relationship (custody order), appointing the Petitioner's mother as managing conservator and the Petitioner's father as possessory conservator of the Petitioner and her sist…
FEB222024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2024 The Director's decision did not render a determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree or as an individual of exceptional ability. Instead, the decision only addressed the Petitioner's eligibility for a national interest waiver. Therefore, the issue for consideration on appeal is whether the P…
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