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JAN102025_04D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2025
—
The Petitioner filed the underlying petition on behalf of the Beneficiary seeking new employment and requesting consideration under the H-1 B numerical limitation (H-1 B cap). After initially approving the petition, the Director notified the Petitioner ofUSCIS' intent to revoke the approval ofthe petition, with a finding that the Petitioner made a material…
JAN082025_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
As noted above, the Director concluded the record does not establish the Petitioner received a one time achievement of a major, internationally recognized award. The Director further determined that the record does not satisfy, in the alternative, at least three of the 10 criteria listed at 8 C.F.R. §§ 204.5(h)(3)(i)-(x). Specifically, the Director conclud…
JAN082025_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
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Upon review, we will remand this matter for the entry of a new decision consistent with the following analysis. As a preliminary matter, the Director did not properly revoke the approval of the petition. Section 205 of the Act states: "The Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval…
JAN082025_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
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In the personal statement provided with the instant application, the Applicant indicated the following: he entered the United States without inspection in December 1990, returned to Pakistan in September 1996, reentered the United States without inspection in December 1996, and returned to Pakistan in November 1998. In April 1999, he attempted to enter the…
JAN082025_01M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
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The 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 met his burden. 1 The Applicant does not provide the conviction records.
According to the Director, the Applicant was convicted of reckless driv…
JAN082025_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
As noted above, the Director concluded the record does not establish the Petitioner received a one time achievement of a major, internationally recognized award. The Director further determined that the record does not satisfy, in the alternative, at least three of the 10 criteria listed at 8 C.F.R. §§ 204.5(h)(3)(i)-(x). Specifically, the Director determi…
JAN082025_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
A. Relevant Facts and Procedural History Inl 12016, a District Court inl ITexas (District Court) issued an Order in Suit Affecting Parent-Child Relationship (SIJ order), including findings related to the Petitioner's eligibility for SIJ classification. The District Court appointed the Petitioner's uncle as her sole managing conservator in accordance with Te…
JAN082025_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
The Petitioner stated that she worked as an actress abroad and that she was a "Kazakh Heritage Expert" who studied at the ____________ _.specializing in theatre and film acting. The Petitioner explained that she had performed in numerous theatrical, television, and film performances in Kazakhstan since 2006. The Petitioner asserted that she planned to estab…
JAN082025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree, a determination the record supports. In denying the petition, the Director determined that the Petitioner's proposed endeavor had substantial merit under the first Dhanasar prong and that he was well-positioned to advance it under the second prong. Ho…
JAN082025_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. However, for the reasons discussed below, the Petitioner has not established that the proposed endeavor has national importance, as required by the first Dhanasar prong. See id. The Petitioner described the endeavor as a plan "to continue his work mai…
JAN082025_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
The Petitioner claims to be a member of the professions holding an advanced degree or in the alternative an individual of exceptional ability. The Director determined that the Petitioner had not established that he had the US equivalent of a bachelor's degree and five years of progressive experience in his field. Additionally, the Director determined in a f…
JAN082025_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
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…
JAN082025_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2025
—
The Director determined the Petitioner qualified for EB-2 immigrant classification as an advanced degree professional, but did not establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner has not established eligibility for a national interest waiver under the Dhanasar f…
JAN072025_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 07, 2025
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The record reflects that the Petitioner obtained a doctor of philosophy in the biological sciences (physiology) from the I Iin 2015. In addition, the Petitioner indicates that after receiving her degree, she was employed as a postdoctoral fellow by several organizations, such as the I Iin Argentina, the I Iin Brazil, and the I ITexas. Currently, the Petitio…
JAN072025_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 07, 2025
—
The record reflects that the Petitioner, a native and citizen of Peru, last entered the United States in April 2019. She married H-O-B-,1 a U.S. citizen, in 2019, and the parties divorced inl I 2019. She filed the instant VAWA petition in April 2021 based on this marriage. As evidence that she shared a residence with H-O-B- and entered into the marriage in…
JAN072025_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 07, 2025
—
The Petitioner is a Christian Protestant Church in I I Florida that seeks to employ the Beneficiary in a religious occupation as a women's ministry assistant. It states that in this role she would be responsible for assisting the lead pastor in coordinating the events and training for the church's women's ministry, which it calls I I In her decision, the Di…
JAN072025_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 07, 2025
—
A. Background
The Petitioner filed the Form I-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its program manager position is a specialty occupation under section 214(i)(l) of the Act so that the Beneficiary could be admitted to the United States and undertake the proffered position in H-1 B classification at…
JAN072025_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 07, 2025
—
The Applicant, a citizen and national of Nigeria, entered the United States as a visitor for pleasure in March 2017. She married a U.S. Citizen in I I 2017 and filed for adjustment of status in February 2018 based on that relationship. While the application was pending, the Applicant was arrested and charged for multiple offenses related to unemployment ins…
JAN072025_01H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 07, 2025
—
A. Relevant Background and Procedural History In April 2020, the Applicant filed a Form 1-360, Petition for Amerasian, Widow(er), or Special Immigrant (VA WA petition), Form 1-485, Application to Register Permanent Residence or Adjust Status (adjustment application) and the instant waiver application. In an affidavit submitted with the VA WA petition, the A…
JAN072025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 07, 2025
—
The Petitioner is a special needs educator at an elementary school who proposes to continue to work in the United States in her field. As noted above, the Director denied the approval of this petition. In our decision dismissing the appeal, we agreed with the Director's decision that the Petitioner did not demonstrate the national importance of her proposed…
JAN062025_01A7245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 06, 2025
—
The Applicant, a citizen of Saint Lucia, was granted T-1 nonimmigrant status from August 2020 to August 2024. She filed her T adjustment application in November 2021. The Director denied the application because she did not meet the continuous physical presence requirement. The Director noted that the Applicant filed her T adjustment application less than th…
JAN062025_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 06, 2025
—
A. The Beneficiary Does Not Warrant Schedule A Designation as a Noncitizen ofExceptional Ability Unless accompanied by an individual labor certification from DOL, a petition for an advanced degree professional must generally include an application for Schedule A designation. 8 C.F.R. § 204.5(k)(4)(i).2 The Petitioner requested the Beneficiary's designation…
JAN062025_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 06, 2025
—
The sole issue addressed by the Director is whether the Petitioner demonstrated its ability to pay the proffered wage. Any petition filed for an employment-based immigrant which requires an offer of employment must be accompanied by evidence that the prospective U.S. employer has the ability to pay the proffered wage. A petitioner must demonstrate this abil…
JAN062025_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 06, 2025
—
The Petitioner claims to have invested $500,000 in the NCE. According to the NCE's Confidential Private Placement Memorandum, the NCE is seeking "an aggregate investment of up to US$14,500,000" from up to 29 EB-5 investors, which will be used by ______ (the job creating entity) for the development and construction of "an upscale full-service 4-star hotel" i…
JAN062025_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 06, 2025
—
The record reflects that the Petitioner, a native and citizen of Brazil, last entered the United States in 2013. He filed his VA WA petition in April 2021 based on a claim of abuse during his marriage to a U.S. citizen. The Director issued a notice of intent to deny (NOID) stating, in relevant part, that the Petitioner had not submitted sufficient evidence…