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FEB242023_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2023
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The Applicant is currently in the United States and seeks conditional permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(i) before he departs.1 He does not contest that he will become inadmissible under section 212(a)(9)(A)(ii) of the Act upon departure for having been previously ordered removed. 2 The only issue on appeal is…
FEB232023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2023
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The Petitioner indicates that he has participated in musical performances and competitions since 2012, when he was 14 years old, and that he owns a business in Thailand making musical instruments including the phin, an instrument similar to a guitar. The Petitioner studied folk music at I _ University in Thailand, graduating with a bachelor's degree in 2020…
FEB232023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2023
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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 of a labor certification, would be in the national interest Specifically, the Director found that the Petitioner "…
FEB232023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2023
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A petitioner must demonstrate its continuing ability to pay an offered position's proffered wage, from a petition's priority date until a beneficiary obtains lawful permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence of ability to pay must generally include copies of a business's annual reports, federal tax returns, or audited financial statements. Id. In…
FEB232023_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2023
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On appeal, the Petitioner does not challenge the Director's adverse finding that the Beneficiary is not corning to the United States to perform in a religious occupation. We will therefore deem this issue waived. See, e.g., Matter of M-A-S-, 24 I&N Dec. 762, 7 67 n.2 (BIA 2009). Instead, the Petitioner argues on appeal that the Beneficiary's proposed employ…
FEB232023_01E2309
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2023
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There is no dispute that the Applicant has met some of the above conditions, as she had a U.S. citizen father and was admitted to the United States as a lawful permanent resident when she was under 18 years of age. The remaining issues are: (1) whether the Applicant has established that she qualifies as her father's "child" for the purposes of derivative ci…
FEB232023_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2023
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The Director denied the petition finding the Petitioner did not establish a bona fide job opportunity open to U.S. workers. The Director pointed to inconsistencies in the record which call into question the bona fides of the job opportunity. Specifically, the Petitioner's CEO/President's statements and its tax returns indicate the Beneficiary is an officer…
FEB232023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2023
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The Applicant is a citizen and national of Mexico seeking a K-1 nonimmigrant fiance( e) visa at the U.S. consulate in Mexico City. The Applicant states that upon entry to the United States she will marry T-Q- 1, her qualifying relative fiancee. The Applicant does not contest, and the record supports the Director's determination of, her inadmissibility under…
FEB222023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2023
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The Applicant is a citizen of Mexico who entered the United States with a border crossing card as a tourist at ten years of age and never departed. In November 2011, the Director granted the Applicant U-1 nonimmigrant status as a victim of abusive sexual contact and sexual assault. The Applicant filed her U adjustment application in February 2015. The Direc…
FEB222023_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2023
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The Director determined that the Petitioner did not demonstrate the Beneficiary's nomination for, or receipt of, significant national or international awards or prizes under 8 C.F.R. § 214.2(o)(3)(iv)(A).1 In addition, the Director concluded that the Petitioner established the Beneficiary's eligibility for only one criterion, high salary under 8 C.F.R. § 21…
FEB222023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2023
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The issue on appeal is whether the Applicant's father has established that the Applicant is currently residing outside of the United States in his legal and physical custody, as required under section 322(a)(4) of the Act. The Applicant's father represented on the instant Form N-600K that the Applicant and her mother are currently residing in Mexico, while…
FEB222023_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2023
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The issue before us is whether the Director properly denied the petition based on a determination that the Petitioner did not demonstrate (1) its continuing ability to pay the proffered wage from the priority date until the time of adjudication and (2) that it continued to do business and intended to employ the Beneficiary in the offered position. The Petit…
FEB222023_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2023
—
The issue on appeal is whether the Applicant's father has established that the Applicant is currently residing outside of the United States in his legal and physical custody, as required under section 322(a)(4) of the Act. The Applicant's father represented on the instant Form N-600K that the Applicant and his mother are currently residing in Mexico, while…
FEB222023_03B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2023
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A. Beneficiary Qualifications
The first issue on appeal is whether the Director properly revoked the approval of the petition with regards to the Beneficiary's qualifications for the offered position. A petition for a skilled worker must be accompanied by evidence that the noncitizen meets the educational, training, and/or experience requirements as well as…
FEB212023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
The Director concluded in his most recent decision in this matter that while the Petitioner met three of the ten evidentiary criteria, he did not establish that he had sustained national or international acclaim through extensive documentation, nor did he establish that he was among the small percentage at the top of his field. On appeal, we reached the sam…
FEB212023_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
The Beneficia received a Master of Science degree in Electrical and Computer Engineering from Institute in 2013 and a Ph.D. in Electrical and Computer Engineering from the University __ in 2019. He served as a Senior Radio Frequency Integrated Circuit (RFIC) Research Design Engineer at ___________ from July 2019 until August 2021. The Beneficiary has been e…
FEB212023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
According to page 2 of the petition, the Petitioner invested $500,0003 in the NCE. He presented to the Chief three business plans, dated June 2016, October 2020, and September 2021. Page 5 of the 2 The two-year job creation period described in 8 C.F.R. § 204.6(j)(4)(i)(B) commences six months after the adjudication of the petition. 6 USCIS Policy Manual G.2…
FEB212023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
The record reflects that in September 2017 , the Petitioner, a citizen of Nigeria, filed a VAWA petition wherein he indicated that he had been married three times. In August 2019 , through a request for evidence (RF E ), the Director informed the Petitioner, among other things, that the record did not contain evidence establishing that his prior two marriag…
FEB212023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
As a preliminary matter, review of the instant motions is limited to the basis for the prior decision. Accordingly, we first examine any new facts and arguments to the extent that they pertain to our rejection of the Applicant's appeal. A. Grounds for Rejection of the Appeal Not Overcome The Applicant does not claim that we incorrectly applied the law or US…
FEB212023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
A. Evidentiary Criteria
Because the Petitioner has not established that he 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 Petitioner met one of the evidentiary criteria at 8 C.F.R. § 204.5(h)(3)(i) - (x), that of 8 C.F.R.…
FEB212023_03B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
Because the Petitioner has not indicated or established that she 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). Before the Director, the Petitioner claimed he met the following six categories: • (i), Lesser nationally or internationally recognized…
FEB212023_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
A. EB-2 Classification
The Director issued a decision that does not correspond to the Petitioner. We therefore withdraw the Director's decision and remand the matter for entry of a new decision consistent with the Petitioner's identity, proposed endeavor, and evidence. When providing a new decision, the Director may wish to consider factors related to the P…
FEB212023_03E2309
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2023
—
There is no dispute that the Applicant was born to a U.S. citizen father, as the record contains the father's 1946 Certificate of Naturalization and the Applicant's timely registered 1950 birth certificate, which identifies his father and thus establishes the requisite parent-child relationship between them. The issues on appeal are whether the Applicant ha…
FEB172023_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 17, 2023
—
On appeal, the Petitioner does not challenge the Director's adverse finding that the Beneficiary is not corning to the United States solely to work as a minister or to perform a religious vocation. We will therefore deem these issues waived. See, e.g., Matter of M-A-S-, 24 I&N Dec. 762, 767 n.2 (BIA 2009). Instead, the Petitioner argues on appeal that the B…
FEB172023_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 17, 2023
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A petition for an advanced degree professional must generally be accompanied by a valid, individual labor certification. 8 C.F.R. § 204.5(k)(4)(i). A labor certification remains valid only for the particular job opportunity, foreign national, and geographic area of intended employment stated on it. 20 C.F.R. § 656.30(c)(2). A petitioner must establish its i…