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NOV152023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
—
The Petitioner, a native and citizen ofBangladesh, claims to have been a published writer since 1997, writing four volumes of poetry, a book of short stories, and a novel. Her poems have also appeared in various newspapers, and in 2016 she began working as a script writer for Voice of Bangladesh. The Petitioner entered the United States in November 2020 as…
NOV152023_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
—
A. Relevant Facts and Procedural History Inc=]2022, the Fifteenth Judicial Circuit inl ICounty, Florida (state juvenile court) issued an "Order on Petition for Temporary Custody by Extended Family" (custody order), appointing the Petitioner's brother as her custodian. In addition to the custody order, the Petitioner submitted the initial petition for custod…
NOV152023_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
—
The Beneficiary is a chef who completed his culinary training in the United Kingdom and has over 14 years of progressive professional experience in his field. The Petitioner, which operates an upscale restaurant in southern California, has employed him as its executive chef since 2019.
A. Evidentiary Criteria
The Petitioner does not claim the Beneficiary q…
NOV152023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
—
The Petitioner, a native and citizen of Brazil, indicated that he was a professional with exceptional ability holding "recognized expertise in the supply chain sector," including specialized knowledge in"supply chain management consulting, logistics, project and distribution management, and supplier outsourcing." The Petitioner stated that he had been emplo…
NOV152023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
—
The Petitioner proposes to work in the United States as an aviation mechanic. The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not establish that they qualified as an individual of exceptional ability. The Director determined that although the Petitioner met at least three out of six criteria-an official acade…
NOV152023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
—
The Petitioner, a native and citizen of Columbia, intends to work as a project manager in information technology, particularly in the oil and gas industry. He provided letters from his former Colombian employers in support of the petition reflecting that he worked as a "IM2 Master's Engineer" with I I since March 2021 and reviousl as a "Pro· ect Manager ...…
NOV152023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The record supports that conclusion. 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 P…
NOV152023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
—
The first prong ofthe Dhanasar test, substantial merit and national importance, focuses on the specific endeavor that the Petitioner proposes to undertake. Matter of Dhanasar, 26 I&N Dec. at 889-90. When determining whether a proposed endeavor would have national importance, we examine the specific impact ofthat proposed endeavor. Id. For example, an endeav…
NOV142023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2023
—
The primary issue we will address is whether the Petitioner established that the Beneficiary will be employed in a managerial capacity in the United States. 1"Managerial capacity" means an assignment within an organization in which the employee primarily manages the organization, or a department, subdivision, function, or component of the organization; supe…
NOV142023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2023
—
The Petitioner states that he has more than 30 years of experience in mining, as well as extensive business and entrepreneurial experience, founding and managing a variety of businesses. Describing his proposed endeavor he states, "I intend to continue using my expertise and knowledge to work as an Entrepreneur and contribute to the U.S. economy through bus…
NOV142023_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2023
—
As previously indicated, the Director's decision did not offer a complete analysis or adequately explain the deficiencies in the evidence. See 8 C.F.R. § 103.3(a)(l)(i); see also Matter ofM-P-, 20 I&N Dec. 786 (BIA 1994) (finding that a decision must folly explain the reasons for denying a motion to allow the respondent a meaningful opportunity to challenge…
NOV142023_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2023
—
The Petitioner, a citizen and national of India, entered the United States as a non-immigrant visitor in 2014 and has not departed. He married B-R- 1, a U.S. citizen, and filed the current VAWA petition based on that relationship. B-R- filed a Form I-130, Petition for Alien Relative, on behalf of the Petitioner following their marriage. During the petition…
NOV142023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2023
—
The Petitioner is a clean rroducts (refined petroleum product such as kerosene or diesel) trader who has been employed with Isince 2017 and with its parent company in Brazil since 2010. He proposes to continue working in this capacity in the United States, whether with Dor a different company in the oil and gas industry. The Director determined that the Pet…
NOV142023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2023
—
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. At initial filing, the Petitioner provided a professional plan indicating: Considering my unique set of skills in the field, my proposed endeavor is to offer my vast experience in Indus…
NOV132023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The Director further found that the Petitioner established the substantial merit of the proposed endeavor and that he is well-positioned to advance it. However, the Director concluded that the Petitioner did not establish the endeavor's national impor…
NOV132023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
The Petitioner, a citizen and national of Guatemala, entered the United States without inspection in February 2002. He married L-O-, a U.S. Citizen, in02016 and divorced inl 12020. The Petitioner filed the current VA WA petition based on that relationship in January 2022. The record indicates that the Petitioner has been arrested and convicted for DWI on th…
NOV132023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
The record shows that the Beneficiary has an approved R-1 nonimmigrant visa petition valid from December 21, 2020, to June 20, 2023. Based on this petition, the Beneficiary was issued a temporary religious worker visa on May 21, 2021, and entered the United States on June 5, 2021. On December 6, 2022, the Petitioner filed the instant petition to obtain the…
NOV132023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
A. Relevant Facts and Procedural History The Petitioner filed his U petition in 2016 along with a Supplement B signed and certified in 2015 (2015 Supplement B) by the Chief of Police,! ICalifornia Police Department ( certifying official). In response to Part 3.1 of the Supplement B, the certifying official indicated that the Petitioner was the victim of cri…
NOV132023_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
A. Relevant Facts and Procedural History The Petitioner filed the instant orphan petition on behalf of the Beneficiary, a citizen of Nigeria, in August 2021. The Petitioner claimed that the Beneficiary met the definition of an orphan as the child who "has no parents due to ... abandonment ... by ... both parents." The Director issued a request for evidence…
NOV132023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
In order to establish eligibility for a waiver pursuant to section 212(h) of the Act, the Applicant must demonstrate that denial of the application would result in extreme hardship to a qualifying relative or relatives, in this case her LPR spouse. Section 212(h) of the Act. An applicant may show extreme hardship in two scenarios: 1) ifthe qualifying relati…
NOV132023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
The Applicant applied to adjust status to that of an LPR in 201 7. USCIS denied his application after the Applicant did not respond to a request for evidence for information on the arrests that occurred in the Cayman Islands. In a motion to reopen, the Applicant submitted the requested information, but USCIS declined to reopen the application. The Applicant…
NOV132023_01M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
The issue on appeal is whether the Applicant is ineligible for TPS on criminal grounds. The Applicant's criminal history record reflects that inl 12001 he was arrested and charged with domestic battery in violation of Florida Statutes Annotated (Fla. Stat. Ann.)§ 784.03(l)(a). InD 2001 he pled guilty to this offense. The court adjudicated the Applicant guil…
NOV132023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
The Director determined the Petitioner qualifies for the underlying EB-2 classification. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. The first prong, substantial merit and national importance, focuses on the specific endeavor the individual proposes to unde…
NOV132023_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
The Applicant applied to adjust status to that of an LPR in 201 7. USCIS denied his application after the Applicant did not respond to a request for evidence for information on the arrests that occurred in the Cayman Islands. In a motion to reopen, the Applicant submitted the requested information, but USCIS declined to reopen the application. The Applicant…
NOV132023_02M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 13, 2023
—
The sole issue on appeal is whether the Applicant has met his burden of proof to show that he is not barred from TPS on criminal grounds. Upon review of the record as supplemented on appeal we conclude that he has not. A. Criminal History and Classification of Offenses The Applicant's criminal record, identified by the Director as relevant to his TPS eligib…