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JAN062025_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 06, 2025
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A. Background
The Petitioner filed the Form 1-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its program director position is a specialty occupation under section 214(i)(l) of the Act so that the Beneficiary could undertake the proffered position in H-lB classification at multiple locations within a commutabl…
JAN062025_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 06, 2025
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The Applicant was granted U-1 nonimmigrant status from November 2019 through November 2023, and she filed her U adjustment application in June 2022. In February 2024, the Applicant filed a Form 1-539, Application to Extend/Change Nonimmigrant Status (extension of status application), to extend her U nonimmigrant status, which is still pending. The Director…
JAN062025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 06, 2025
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The
Director determined that the Petitioner qualifies for EB-2 immigrant classification as an advanced degree professional, but did not establish her 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 the requested national interest waiver…
JAN052025_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 05, 2025
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The Petitioner, a native and citizen was admitted to the United States in 2013 as a B-2 nonimmigrant visitor in June 2013. In 2014, he married D-O- 1 in Texas, and they divorced inl 12019. The Petitioner married a U.S. citizen named C-N- in Texas in 2019 and filed this Form 1-360 VAWA petition in September 2019 based on a claim of abuse by C-N-. The Petitio…
JAN032025_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2025
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The petitioning organization presents the Beneficiary as one with extraordinary ability as a technology entrepreneur. The Beneficiary is a co-founder and chief executive officer of the petitioning organization. The petitioning organization provides an application programming interface allowing users to save their financial payment method across various web-…
JAN032025_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2025
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The record reflects that the Petitioner received an expedited removal order and was removed from the United States in I I 1997 after seeking admission to the United States via misrepresentation of his identity; he was removed from the United States in I I 2009, 2010, and twice in I2013; and he was sentenced to 105 days imprisonment for illegal entry into th…
JAN032025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2025
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In the denial decision, the Director did not analyze and determine whether the Petitioner is a member of the professions holding an advanced degree, noting it is questionable whether a degree is required for his occupation. The Director stated this issue would only be discussed if necessary. Additionally, the Director did not analyze and determine whether t…
JAN032025_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2025
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A. EB-2 Visa Classification
The Director determined that the Petitioner does not qualify as an individual of exceptional ability. Because the evidence in the record does not establish by a preponderance of the evidence that the Petitioner is eligible for, or otherwise merits, a national interest waiver as a matter of discretion, we will reserve the issue of…
JAN032025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2025
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A. EB-2 Visa Classification
The Director determined that the Petitioner does not qualify as an individual of exceptional ability. Because the evidence in the record does not establish by a preponderance of the evidence that the Petitioner is eligible for, or otherwise merits, a national interest waiver as a matter of discretion, we will reserve the issue of…
JAN022025_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 02, 2025
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The Director found that the Beneficiary 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 P…
DEC312024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 31, 2024
—
The Applicant was granted U nonimmigrant status from April 2019 to April 2023. She filed her U adjustment application in June 2022. The Director issued a request for evidence (RFE) noting, in relevant part, that the Applicant had departed the United States on February 2, 2023 and returned on June 25, 2023 and therefore broke her period of continuous physica…
DEC312024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 31, 2024
—
The issue on appeal is whether the Petitioner has established the national importance of the Beneficiary's proposed endeavor, as required under the first prong of Dhanasar. The first prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. The endeavor's merit may be demonstrated in a rang…
DEC312024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 31, 2024
—
In 2018, the Family Court of INew York (family court) issued an order entitled Final Order ofGuardianship (guardianship order) and appointed A-R- as the Petitioner's guardian. 3 On the same date, the court also issued a Special Immigrant Juvenile Status Order (SIJ order), determining in part, that reunification with his mother and father was not viable due…
DEC312024_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 31, 2024
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The Director determined that the Petitioner has not sufficiently shown that the Beneficiary may be classified as a P-lA internationally recognized athlete because it has not demonstrated that the Beneficiary is coming to the United States temporarily and "solely for the purpose of performing ... as such an athlete with respect to a specific athletic competi…
DEC312024_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 31, 2024
—
The Applicant was granted U nonimmigrant status from April 2019 to April 2023. He filed his U adjustment application in June 2022. The Director issued a request for evidence (RFE) noting, in relevant part, that the Applicant had departed the United States on February 2, 2023 and returned on June 25, 2023 and therefore broke his period of continuous physical…
DEC272024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 27, 2024
—
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…
DEC232024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 23, 2024
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The Petitioner, an AI researcher, intends to continue his activities in this field in the United States. Because the Petitioner has not indicated or established that he has received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Director found that the Peti…
DEC232024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 23, 2024
—
A. Background
The Petitioner filed the Form 1-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its assistant program manager position is a specialty occupation under section 2 l 4(i)(l) of the Act so that the Beneficiary could undertake the proffered position in H-1 B classification at multiple locations within…
DEC232024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 23, 2024
—
The record establishes that the Applicant is a citizen ofNigeria and that he married his current spouse, a U.S. citizen, inl 12022. With the Form I-601, the Applicant submitted supporting affidavits, identity documents for the spouse and other relatives, a psychological evaluation for his spouse, country of origin information about Nigeria, and documents re…
DEC232024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 23, 2024
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The Petitioner is a Brazilian bass player who also composes and arranges music and makes instructional videos on bass playing techniques. Because the Petitioner does not claim or submit evidence to show that he received a major, internationally recognized award, he must provide evidence showing that he satisfies at least three of the alternate regulatory cr…
DEC202024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2024
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The Petitioner worked in the information technology field for several decades then in approximately 2019 he applied much of that knowledge to the aquaculture industry, involving the farming of fish, shellfish, plants, and other organisms in water. A. The Beneficiary's Field ofExpertise In Part 6 of the petition, the Petitioner listed the Beneficiary's job t…
DEC202024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2024
—
The Director determined that the Petitioner is a member ofthe professions holding an advanced degree. Upon de novo review, we agree. Therefore, the sole issue on appeal is whether he is eligible for, and merits as a matter of discretion, a national interest waiver. The Director determined that the Petitioner demonstrated that his proposed endeavor has both…
DEC202024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2024
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The Petitioner filed the instant petition on April 6, 2018. The Petitioner bases her eligibility on a $500,000 investment in the NCE which functions as a nature preschool in I I The Petitioner stated that NCE "acquired the ._______ ___. Montessori, a previously operating preschool" on July 10, 2015, for $65,000. The Petitioner is the sole owner and presiden…
DEC202024_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2024
—
In October 2023, the City ofl ILaw Department submitted a petition to the Family Court (Family Court) with the recommendation that the Petitioner be committed to the City of!Department of Human Services I I pursuant to an Order of Protective Custody. In I
__ 2023, when the Petitioner was 15 years old, the Family Court issued an Order (SU order) finding the…
DEC202024_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2024
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The Petitioner seeks to have the Beneficiary classified as a nonimmigrant religious worker to serve as a monk at its Buddhist temple. We note that the Petitioner submitted minimal evidence with its initial filing, and when responding to the Director's request for evidence (RFE) did not respond to several of the Director's requests, including the request for…