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AUG142023_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 14, 2023
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A. Member of the Professions Holding an Advanced Degree We withdraw the Director's determination that the Petitioner does not qualify as a member of the professions holding an advanced degree. To qualify as a member of the professions, an individual must meet "one of the occupations listed in section 101(a)(32) of the Act, as well as any occupation for whic…
AUG142023_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 14, 2023
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The Petitioner, a native and citizen of India, entered the United States without admissiol or par~le in January 2012. He was issued a Notice to Appear and placed into removal proceedings in 012. He married his U.S. citizen spouse, J-L-1, inl 12016. He filed the instant Form 1-360, Petition for Amerasian, Widow(er), or Special Immigrant (VAWA petition) in Ma…
AUG142023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 14, 2023
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The Director found that the Petitioner qualifies for EB-2 classification as an advanced degree professional based upon her master of business administration degree froml IUniversity in Wisconsin, obtained in 2020. The Director also found that the Petitioner established the substantial merit of the proposed endeavor. The issues on appeal are whether the Peti…
AUG112023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2023
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The record shows that the Applicant meets two ofthe above conditions, as he has a U.S. citizen father and is under the age of 18 years. The issues on appeal are whether the Applicant is residing outside of the United States in his father's legal and physical custody, as required in section 322(a)(4) of the Act and, if so, whether he meets the remaining elig…
AUG102023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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Because he has not indicated or established that he qualifies as a member of the professions holding an advanced degree, the primary issue to be addressed is whether the Petitioner established his eligibility for EB-2 classification as an individual of exceptional ability in the sciences, arts, or business. A. Nature of Occupation and Proposed Endeavor To q…
AUG102023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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The Petitioner is a citizen and national of Nigeria who last entered the United States in April 2016 as a non-immigrant v1S1tor. The Petitioner married her second spouse, J-J-1, a U.S. Citizen, in ~--~12016. The Petitioner filed the current VAWA petition in March 2019 seeking classification as the abused spouse of a U.S. citizen. The Director denied the pet…
AUG102023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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The Applicant is currently in the United States. He has requested an immigrant visa abroad and seeks permission to reapply for admission before he departs from the United States. The issue on appeal is whether the Applicant has established that he merits a grant of such permission in the exercise of discretion. We have reviewed the entire record, as supplem…
AUG102023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
—
The Director made no determination as to whether the Petitioner qualifies 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 Petitioner has established that a waiver of the requirement of a job offer, and th…
AUG102023_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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The record reflects that the Petitioner, a native and citizen of the Dominican Republic, last entered the United States in January 2016, and married his LPR spouse, J-H-, 1 in New York inl 12018. He filed the instant VA WA petition in April 2021 based on a claim of battery and extreme cruelty by J-H-.
A. Joint Residence
On his VA WA petition, the Petitione…
AUG102023_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
—
The issues on appeal are (1) whether the Applicant is inadmissible on the grounds identified by the Director and (2) whether he has demonstrated that he merits permission to reapply for admission as a matter of discretion. We have reviewed the entire record and conclude that it supports the Director's finding of the Applicant's inadmissibility under section…
AUG102023_04B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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A. Relationship Between Petitioner and Beneficiary The issue on appeal is whether the Petitioner willfully misrepresented its relationship with the Beneficiary in the labor certification. In order to support a finding of willful misrepresentation, the record must show that the party procured or sought to procure a benefit under U.S. immigration laws, that t…
AUG102023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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A. EB-2 Immigrant Classification
As stated above, a petitioner must establish eligibility for the EB-2 classification in order to be eligible for a national interest waiver. Here, the Director's decision does not include a determination regarding the Petitioner's eligibility as an individual of exceptional ability.3 Because we agree with the Director's conc…
AUG102023_06B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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As noted, the Director determined that the Petitioner, who claims eligibility for the EB-2 classification as both an advanced degree professional and as an individual of exceptional ability, qualifies as a member ofthe professions holding an advanced degree. However, the Director determined that the record did not establish his eligibility under the second…
AUG102023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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The Petitioner seeks to continue running his import/export company in the United States as an individual of exceptional ability in business.2 The Director concluded that the Petitioner submitted evidence that met two of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii): • (B) Letter(s) from current or former employer(s) showing that the Pet…
AUG102023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2023
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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. At initial filing, the Petitioner's cover letter stated: [The Petitioner] is seeking to promote physical activity through football, coaching through local teams, and leading them to imp…
AUG092023_01B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2023
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The Director found that the Petitioner qualifies for EB-2 classification as an advanced degree professional based upon his Ph.D. in applied and industrial mathematics from the University of I lin Kentucky, obtained in 2017. 3 The Director also concluded that the Petitioner's proposed endeavor has substantial merit and national importance. However, the Direc…
AUG092023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2023
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The record reflects that the Petitioner is a research and technology institute in smart grid development. It claimed at the time of filing in March 2020 that it ran four "technical projects" under a total budget of approximately $6.6 million. The Petitioner provided evidence that it was established in 2013 and operated from a 99,550 square foot facility in…
AUG092023_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2023
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The Applicant currently resides in the United States and is seeking conditional approval of the Form 1-212 under the regulation at 8 C.F.R. § 212.2(j) before he departs, as he will be inadmissible upon his departure due to the prior removal order. The approval of the application under these circumstances is conditioned upon the Applicant's departure from th…
AUG092023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2023
—
The Petitioner is a social worker who is currently employed by~------------~ i~ IAlabama as its Director ofResearch Programs. He earned a master's degree in social work from the University of Alabama atl Iin 2020, and has worked as a social worker since. Because the Petitioner has not indicated or established that he received a major, internationally recogn…
AUG092023_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 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 from the United States. He does not contest that he has an outstanding order ofremoval and will be inadmissible under section 212(a)(9)(A)(ii) of the Act once he departs. 1 The only issue on appeal…
AUG092023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2023
—
The Director's decision did not address whether the evidence ofrecord demonstrates that the Petitioner qualifies for the EB-2 classification. In a request for evidence (RFE), however, the Director stated that "the beneficiary's Master's degree in Architecture classifies [her] as a member of the professions holding an advanced degree." A review of the record…
AUG092023_03H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2023
—
The Applicant, a national of Kosovo, is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(i) before departing the United States. He does not contest that he has an outstanding order of removal and will become inadmissible under section 212(a)(9)(A)(ii) of the Act once he departs. 1 Th…
AUG082023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2023
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Unless accompanied by an application for Schedule A designation or evidence of a beneficiary's qualifications for a shortage occupation, a petition for an advanced degree professional must include a valid individual labor certification. 8 C.F.R. § 204.5(k)(4)(i). A labor certification remains valid only for the noncitizen, particular job opportunity, and ge…
AUG082023_02B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2023
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The Petitioner is a researcher in the field of veterinary medicine, with a focus on infectious diseases and antibiotic resistance. He earned a PhD. in veterinary medical science froml !University in 2016, and at the time of filing he was employed as a graduate research assistant at the University of 12I The Director concluded that he is eligible as a member…
AUG082023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2023
—
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…