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FEB032023_04B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2023
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Because the Petitioner did not indicate or establish that he received a major, internationally recognized award, he was required to satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). A. Background and procedural history The Petitioner asserted that the Beneficiary had sustained national and international acclaim in…
FEB022023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2023
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The record reflects the Petitioner is an electrical engineer. He obtained bachelor's and master's degrees in electrical engineering from the University of I I Because the Petitioner has not indicated or shown 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)…
FEB022023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2023
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As a preliminary matter, the Petitioner alleges on appeal that the Director "did not apply the proper standard of proof in this case, instead imposing a stricter standard ... to [her] detriment." Except where a different standard is specified by law, the "preponderance of the evidence" is the standard of proof governing immigration benefit requests. See Mat…
FEB022023_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2023
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A. Relevant Facts and Procedural History InC==:]2019, when the Petitioner was 16 years old, thel I Family Court in New York (family court) issued an order appointing the Petitioner's aunt, N-A-, 2 as her guardian. In I I 2019, the family court issued an ORDER-SPECIAL FINDINGS, (SIJ order) in which it determined, among other findings, that Petitioner's reuni…
FEB022023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2023
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The Applicant has established that she meets several conditions for derivative citizenship under section 320 of the Act. Specifically, her 2001 Jordanian birth certificate and her mother's October 2012 Certificate of Naturalization and U.S. passport collectively show that the Applicant was born outside of the United States and has a U.S. citizen parent who…
FEB022023_02B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2023
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The sole 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. At the time of filing, the Petitioner was employed as a staff…
FEB022023_02D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2023
—
As an initial matter, we note that the Petitioner signed the Form I-129F, Petition for Alien Fiance(e), under penalty of perjury, certifying "that all of this information is complete, true, and correct." In addition, every petition must be executed in accordance with the instructions on the form, which are incorporated into the regulation requiring its subm…
FEB022023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2023
—
The record demonstrates that the Petitioner qualifies as a member of the professions holding an advanced degree. The Petitioner earned a master's degree in natural resources engineering from I !University in Iran in 2013, and her intended occupation qualifies as a profession. The remaining issue to be determined is whether the Petitioner has established tha…
FEB022023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2023
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The Petitioner is a banker who proposes to work in the United States in the area of finance. Evidence in the record shows that she possesses a bachelor's degree in legal and social science which is the equivalent of a bachelor's degree issued by an accredited institution in the United States, and that she has more than five years of progressive, post-baccal…
FEB012023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 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 For the reasons discussed below, the Petitioner has no…
FEB012023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2023
—
In 2015, when the Petitioner was 20 years old, the New York Family Court for I (Family Court) appointed guardianship of the Petitioner to G-S-S-2, finding that the appointment shall last until his 21st birthday. In a separate order (SIJ order), the court determined, among other findings necessary for SIJ eligibility under the Act, that the Petitioner was de…
FEB012023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2023
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The Petitioner is a I I designer who has recently worked and exhibited her collections in Florida. She has submitted evidence of her work both in Venezuela and in the United States. The Petitioner intends to continue her collaboration with businesses in the United States and plans to open a store in the I I area. Because the Petitioner has not indicated or…
FEB012023_03B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2023
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The Petitioner is a research scientist who has developed and enhanced computational and mathematical tools and models for simulating gas and fluid flow dynamics, with applications in aerospace and mechanical engineering and software simulation technology. He received his Ph.D. in aerospace engineering and mechanics from the University ofl lwhere he also wor…
JAN312023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
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The Petitioner is a pastor in the field of Christian missions. The Petitioner has not indicated that he received a major, internationally recognized award. Therefore, he must satisfy at least three of the ten alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner claims to have satisfied the following five criteria: (1) published mat…
JAN312023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
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As indicated above, the Petitioner must first meet at least three of the regulatory criteria for classification as an individual of exceptional ability. See 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). In denying the petition, the Director determined that the Petitioner did not fulfill any of the claimed six criteria. On appeal, the Petitioner maintains that he meets…
JAN312023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
—
As discussed in our appellate decision, the Petitioner offered documents indicating that the NCE has multiple investors. In her motion filing to the Chief, the Petitioner presented a document entitled"[The NCE], Capital Accounts and Member Registry, Capital Accounts, 09-Jan-20" that lists 50 investors, both natural and non-natural persons, including three i…
JAN312023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
—
When the Petitioner was 20 years old, the I I Family Court (Family Court) in New York issued an Order Appointing Guardian of the Person, awarding guardianship of the Petitioner to R-S-,4 and an Order - Special Juvenile Status (SIJ order), making specific findings related to the Petitioner's eligibility for SIJ classification. The Petitioner filed his SIJ pe…
JAN312023_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
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The Derivative, a native and citizen of Guatemala, was born onl I 2000. The Petitioner, his stepmother, was granted U nonimmigrant status and subsequently became a lawful permanent resident (LPR) on May 6, 2015.1 The Petitioner filed the instant U immigrant petition on behalf of the Derivative on December 29, 2021, the Derivative turned 21 years old onl 202…
JAN312023_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
—
The Petitioner has not established eligibility to classify the Beneficiary as a P-lA internationally recognized athlete. The record includes documents entitled "2021 Polo Season Schedule,""2021/2022 Winter Season @I !Florida," and "2022 Summer Polo Season @ Virginia," listing the Beneficiary's intended events in the United States. The Director discussed on…
JAN312023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
—
The Director determined in his decision that the Petitioner established her eligibility as a member of the professions holding an advanced degree, and we agree. 2 The issue on appeal is whether she meets the requirements of the three prongs of the Dhanasar analytical framework and otherwise merits a national interest waiver as a matter of discretion. The Pe…
JAN312023_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
—
In 2017, when the Petitioner was 18 years old, the New York Family Court for l _____ (Family Court), issued a "Special Immigrant Juvenile Status" order (SIJ order), determining, among other findings necessary for SIJ eligibility, that she was dependent upon the court, that the Petitioner's reunification with both her parents is not viable due to abandonment…
JAN312023_03B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2023
—
A . The Position's Need for a Professional On the Form 1-140, the Petitioner requested the Beneficiary's classification as a "professional." The term professional, in part, means a noncitizen holding at least a U.S. bachelor's degree or a foreign equivalent degree. 8 C.F.R. § 204.5(1)(2). 1 For a professional, the job offer portion of a Schedule A labor cer…
JAN302023_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2023
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The record reflects that the Applicant, a native and citizen of Honduras, was granted U-1 nonimmigrant status from January 201 7 until January 2021, and timely filed his U adjustment application in February 2020. In making the decision, the Director provided a list of evidence submitted by the Applicant with his U adjustment application and in response to a…
JAN302023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2023
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The issues before us on appeal are whether the Petitioner has established that (1) its U.S. subsidiary had secured sufficient physical premises to house the new office, and (2) the new office will be able to support a managerial or executive position within one year.
A. Sufficient Physical Premises
A petitioner filing a new office petition bears the burden…
JAN302023_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2023
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A. Evidentiary Criteria
The Beneficiary is a researcher specializing in thermofluidic engineering and bridge erosion. The Petitioner indicates that it has employed the Beneficiary since 2016 as a research en ineer on a su services contract for the JLaboratory at the _____ Research Center I I of the U.S. Federal Highway Administration (FHWA) in---- Virginia.…