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JAN022024_01D7101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 02, 2024
—
The record shows that an affiliate of the Petitioner has employed the Beneficiary in Ireland as a data analyst since July 2021. The Petitioner filed its petition in June 2023, seeking to temporarily transfer her to its U.S. operations to work in the same position. The Petitioner stated that the offered U.S. job entails the same duties the Beneficiary now pe…
DEC292023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 29, 2023
—
The Petitioner avers the Beneficiary is a business leader with experience in the fields of business and science, specifically in the field of cyber security. It discussed the specific niche occupied by the Beneficiary within these two realms as follows in its response to the Director's request for evidence
(RFE):
[The Beneficiary] is a prolific writer and…
DEC282023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 28, 2023
—
A. Initial Criteria for Exceptional Ability The Petitioner initially claimed eligibility for classification not as an individual of exceptional ability, but as a member of the professions holding an advanced degree. In later submissions, the Petitioner has not further pursued this original claim. 1 After serving in the BrazilianD from 2009 to 2010, the Peti…
DEC282023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 28, 2023
—
The primary issue we will address is whether the Petitioner demonstrated that the Beneficiary has at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition, as required by 8 C.F.R. § 214.2(1)(3)(iii) and (1)(3)(v)(B). This foreign employment requirement is only sati…
DEC282023_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 28, 2023
—
The Applicant received U-3 nonimmigrant status from October 1, 2014, until September 30, 2018, as a child ofher U-1 recipient mother. The Applicant timely filed her U adjustment application on August 20, 2018. The Director provided a thorough procedural history and list of evidence submitted, which we hereby incorporate by reference, and denied the U adjust…
DEC282023_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 28, 2023
—
A. Procedural Error
On appeal, the Petitioner submits documentation previously presented to the Director and a brief asserting that she is eligible for a national interest waiver. She notes that prior to the denial of the petition the Director sent two notices to her. The first notice indicated that the instant petition was approved, then later the Director…
DEC282023_03A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 28, 2023
—
The record reflects that the Applicant, a native and citizen of Guatemala, was granted U-2 nonimmigrant status from May 2017 until, May 2021 and timely filed the instant U adjustment application in March 2021. The Director denied the application, determining that the Applicant had not complied with 8 C.F.R. § 245.5 because she did not submit a completed For…
DEC272023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 27, 2023
—
The issue to be addressed 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 Director denied the petition, concluding that the Petitioner did not establish that: (1) his proposed endeavor met the standard for national importance, 2 (2) that he is w…
DEC272023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 27, 2023
—
The Petitioner proposes to work in the Uni1ed States as a human resources and marketing communications 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…
DEC272023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 27, 2023
—
The Director determined that the Petitioner possesses the foreign equivalent of a bachelor's degree followed by at least five years of progressive experience, and therefore qualifies as an advanced degree professional. 8 C.F.R. § 204.5(k)(2) (a U.S. bachelor's degree or the foreign equivalent degree followed by at least five years of progressive experience…
DEC272023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 27, 2023
—
The Director found that the Petitioner qualifies for the EB-2 classification as an advanced degree professional. The record includes a copy ofthe Petitioner's diplomas with English translations for her title of professor degree in history, obtained in 1998, a post-graduate especialista degree in educational systems, obtained 2007, and a post-graduate magist…
DEC262023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 26, 2023
—
A. EB-2 Classification: Exceptional Ability
The Director did not address whether the Petitioner met the criteria for having an advanced degree but concluded that she did meet the standard for exceptional ability. To establish exceptional ability, the Petitioner must meet at least three of six criteria under 8 C.F.R.§ 204.5(k)(3)(ii), and then establish a de…
DEC262023_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 26, 2023
—
A. Eligibility for EB-2 Classification As a threshold matter, we note that the Director did not determine whether the Petitioner qualifies for the EB-2 classification, either as an advanced degree professional or an individual of exceptional abilitv Go remand the Director should review a copy of the Petitioner's diploma from the I with a degree in public ac…
DEC222023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2023
—
The Applicant, a native and citizen of Ecuador, entered the United States without inspection or admission in January 2001. In April 201 7, USCIS granted him U nonimmigrant status, based on a felonious assault he suffered in 2003. The Applicant timely filed the instant U adjustment application in September 2020. The Director denied the application, concludin…
DEC222023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2023
—
After earning a bachelor's degree in 2011, the Petitioner worked as a risk underwriter and market research analyst for an insurance company in Kenya from 2011 to 2014. In 2014, she entered the United States as an F-1 nonimmigrant student to study atl lwhich awarded her a doctorate in economics and finance in December 2021, three months before she filed the…
DEC222023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2023
—
The record reflects that the Petitioner, a native and citizen of India, married T -N -K-, 1 an LPR, in c=J2019. She filed the instant VA WA petition in January 2021 based on this marriage. The Director deemed the initial evidence submitted in support of the VA WA petition to be insufficient to establish eligibility. After the Director issued a Request for E…
DEC222023_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2023
—
The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing the United States. 1 Because she has an outstanding order ofremoval, she will be inadmissible under section 212(a)(9)(A)(ii) of the Act once she departs. The record indicates that the Applicant ente…
DEC222023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2023
—
The Applicant does not contest the finding of inadmissibility, which is based on his fraud or willful misrepresentation when he knowingly used a fraudulent passport to enter the United States in 1992. The issues on appeal are whether the Applicant has established extreme hardship to his qualifying relatives and, if so, whether he merits a waiver as a matter…
DEC222023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2023
—
Whilst the Director found that the Petitioner qualifies as a member of the professions holding an advanced degree, the Director concluded the Petitioner's substantially meritorious proposed endeavor was not of national importance, nor were they well positioned to advance their proposed endeavor such that on balance a waiver of the requirement of a job offer…
DEC222023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2023
—
The Applicant does not contest the finding of inadmissibility, which is based on his willful misrepresentation to obtain a nonimmigrant visa to the United States. The issues on appeal are whether the Applicant has established extreme hardship to his qualifying relative and, if so, whether he merits a waiver as a matter of discretion. We have reviewed the en…
DEC212023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
—
The Applicant was granted U-1 nonimmigrant status from June 2018 to June 2022. 1 She filed her U adjustment application in late May 2021. 2 The Director determined that the Applicant was not eligible to adjust her status to that ofa lawful permanent resident because, at the time offiling her U adjustment application, she did not demonstrate her physical pre…
DEC212023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
—
The Petitioner claims "national and international champion titles" in several styles of Wushu, or Chinese martial arts. The Petitioner has taught martial arts and "Traditional Chinese ;ealthl Preservation Techni ues" at China since 2007. He "also holds the position o" The Petitioner asserts that he has trained ~---------------------~ law enforcement officer…
DEC212023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
—
The Director determined that the Petitioner did not establish that it will employ the Beneficiary in the United States in a primarily managerial or executive capacity. The Petitioner states, on appeal:"during all relevant times, [ the Beneficiary] is and has been a Manager as defined by the Regulations and Statute." Therefore, we will consider the Beneficia…
DEC212023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
—
A. The Proposed Endeavor
The
Petitioner, a Venezuelan native and citizen, has wanted to be a pilot -like his father -since he was a child. After completing high school, he attended a pilots' school in Venezuela and began earning flight certifications. He has worked as a commercial pilot since 2015, starting as a contract pilot and becoming chief of a corpo…
DEC212023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
—
The
Director initially approved the petition on April 18, 2019. Fallowing the Beneficiary's immigrant visa interview, the Director issued a notice of intent to revoke (NOIR), providing the Petitioner an opportunity to respond to derogatory information. After receipt and review of the Petitioner's response, the Director revoked the approval of the petition.…