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Showing 2326–2350 of 7923 (page 94 / 317)
FEB082024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 08, 2024
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The Petitioner proposes to work as the chief executive officer and legal advisor for a legal consulting business he co-founded with his wife and children in Florida. The Petitioner has worked as a lawyer in Brazil after earning abachelor's degree in law from I I Brazil in 1991. The Director determined that the Petitioner established his eligibility as a mem…
FEB082024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 08, 2024
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The record reflects that the Petitioner has gained over 10 years of experience as an entrepreneur in the United States, where he has served as owner and vice president of sales and logistics forl ID since 2008. 5 The documentation submitted shows that Florida is engaged in the import, distribution, and sale of frozen fruits produced in Mexico by ._______.._…
FEB082024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 08, 2024
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The Director determined that the Petitioner established his eligibility as a member of the professions holding an advanced degree.2 However, the Director concluded the Petitioner did not establish that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Director found that while the Petitioner d…
FEB082024_08B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 08, 2024
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. 3 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the framework set forth in Matter ofDhanasar. The Petitioner states that she has "over 16 years of experience in information technology and tel…
FEB082024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 08, 2024
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A. Classification as an Individual ofExceptional Ability The first issue on appeal is whether the Petitioner is eligible for the EB-2 visa classification as an individual ofexceptional ability in the sciences. 4 The Petitioner claimed that she qualifies by meeting the following evidentiary criteria at 8 C.F.R. § 204.5(k)(3)(ii): • (A), an official academic…
FEB082024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 08, 2024
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The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree. The record reflects that determination.3 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.…
FEB072024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2024
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The petitioning U.S. employer filed an immigrant petition on the Beneficiary's behalf in August 2013. The Director of the Texas Service Center approved the petition in January 2014, but issued a notice of intent to revoke (NOIR) that approval in May 2017, citing five evidentiary deficiencies. The Director revoked the approval of the petition in October 2021…
FEB072024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2024
—
The Petitioner asserts his EB-2 qualifications as a noncitizen of "exceptional ability." See section 203(b )(2)(A) of the Act. We concluded that he met two of six initial evidentiary criteria - one less than required for a final merits determination. See 8 C.F.R. § 204.5(k)(3)(ii); see generally 6 USCIS Policy Manual F.(5)(B)(2), www.uscis.gov/policy-manual…
FEB072024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2024
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As noted above, the Petitioner requests classification of the Beneficiary as a skilled worker under Schedule A, and stated in Parts H.4 and H.4-B of its Form ETA 9089 that the position of registered nurse requires an associate's degree in nursing. These job requirements comport with the requirements of the requested classification, wherein a position must r…
FEB072024_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2024
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On October 31, 2022, the Petitioner filed the instant petition. The Petitioner's initial submission did not include any documentary evidence of its federal tax-exempt status and contained only the articles of incorporation filed with the Commonwealth of Massachusetts onl 12016. Accordingly, the Director issued a request for evidence (RFE) on January 17, 202…
FEB072024_02B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2024
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The discussion below will be two-fold. As a preliminary matter, we will explain the basis for withdrawing three of the Director's favorable findings, followed by a discussion in which we will explain the basis for affirming the Director's conclusion regarding the Beneficiary's proposed employment in the United States. And in the final part of our decision,…
FEB072024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2024
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Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner initially indicated: [The Petitioner's] plan is to continue his career in the United States as General Manager and Music Specialist. He will advance his proposed endeavor…
FEB072024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 07, 2024
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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 farther found that the Petitioner did not demonstrate eligibility under any ofthe three required prongs of the Dhanasar analytical framework, and…
FEB062024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2024
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The Petitioner is a tenure-track assistant professor and researcher in the field of management information systems. She intends to continue teaching in the United States and researching the impact of online platforms' technology policies on businesses and society. Because the Petitioner has not indicated or shown that she received a major, internationally r…
FEB062024_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2024
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A. EB-2 Classification
The Petitioner claims eligibility for EB-2 classification as an individual of exceptional ability. The Director concluded in the request for evidence that the Petitioner did not meet three out of the six required criteria and stated that additional documentation was needed. However, the Director did not: specify which criteria were no…
FEB062024_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2024
—
The
Petitioner seeks the Beneficiary's services in a religious occupation at its location inl Iand has stated that it will cover his room, board, health care, and other expenses. It refers to the offered position alternatively as a postulant or a novice, stating that he will undergo formation of becoming a Roman Catholic brother, spending time in prayer, re…
FEB062024_01D3101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2024
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The issue before us is whether the Director properly revoked the approval of the petition. The record reflects that the Director initially approved the H-2A petition, which was valid for the period March 18, 2022, through October 15, 2022. The petition indicates that the 130 unnamed beneficiary would be performing farm labor for six farms in southern Georgi…
FEB062024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2024
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The Director determined that the Petitioner qualifies as a member of the professions with a bachelor's degree and progressive post-baccalaureate experience equivalent to a master's degree under 8 C.F.R. § 204.5(k)(2). The remaining issue to be determined is whether the Petitioner has established that a waiver ofthe requirement ofa job offer, and thus a labo…
FEB062024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 06, 2024
—
The Petitioner claimed eligibility for the EB-2 classification as both a member of the professions holding an advanced degree and as an individual of exceptional ability. The Director considered the Petitioner's eligibility for both and determined that neither was established. On appeal, the Petitioner asserts the Director erred because he is an individual…
FEB052024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
—
Because the Petitioner has not indicated or established receipt of a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i) (x). The Director determined the Petitioner fulfilled only two (judging under 8 C.F.R. § 204.5(h)(3)(iv) and scholarly articles under 8 C.F.R. § 204.5…
FEB052024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
—
The Director did not directly state that the Petitioner qualifies as a member of the professions holding an advanced degree; however, the Director acknowledged that the Petitioner "holds the equivalent to a U.S. baccalaureate degree followed by at least five years of progressive experience in the specialty, as of the priority date," as required by 8 C.F.R.…
FEB052024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
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A. Relevant Facts and Procedural History In 02022, when the Petitioner was 19 years old, the. _________________ __, in Connecticut (Probate Court) issued a Decree/Appointment ofVoluntary Guardian ofPerson Age 18 through 20 (Decree) and a Decree/Special Immigrant Juvenile Findings (SIJ Decree). The Probate Court granted voluntary guardianship of the Petition…
FEB052024_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
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The Director determined that the Applicant had not established that he was living in the legal and physical custody of his mother after his entry into the United States and denied the application on that basis alone. On appeal, the Applicant argues that a plain reading of former section 32l(a)(5) does not require legal and physical custody with the U.S. cit…
FEB052024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
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The Director found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresentation. Specifically, the Applicant attempted to procure admission to the United States in July 2000 by presenting a passport with counterfeit entry stamps. Additionally, he procured admission to the United States in January 2001 with a passport co…
FEB052024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
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A. The Petitioner Is Not An Individual of Exceptional Ability The Director concluded that the record does not satisfy at least three of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii). More specifically, the Director found that the Petitioner fulfilled the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A) and (C) and we agree with that determinat…