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JAN032023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2023
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The Director found that the Petitioner did not establish that he received a major, internationally recognized award under the regulation at 8 C.F.R. § 204.5(h)(3); therefore, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner asserted that he satisfied the criteria at 8 C.F.R. § 204.5(h)(3)(i…
JAN032023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2023
—
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…
JAN032023_02M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2023
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The issue on appeal is whether the Applicant is ineligible for TPS on criminal grounds. The record reflects the following criminal history relevant to the Applicant's eligibility: 1. In 2019, the Applicant pleaded guilty to driving without a license (DWL) in violation of section 46.2-300 of the Virginia Code, and was ordered to pay a fine and court costs.1…
JAN032023_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2023
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A. Procedural History and Relevant Evidence The Applicant's U petition was approved in 2013 based on his family member's victimization and assistance to law enforcement. The Applicant filed the instant U adjustment application in October 2019. The Director denied the U adjustment application in November 2020, concluding that the Applicant had not establishe…
JAN032023_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2023
—
A. Evidentiary Criteria
The Director found that the Petitioner met three of the evidentiary criteria at 8 C.F.R. § 204.5(h)(3)(i) (x), relating to published material about the Petitioner in professional or major trade publications or other major media, his participation as a judge of the work of others in the same or allied field, and his performance in a…
JAN032023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2023
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The Petitioner is a human resources specialist who proposes to establish a firm in the United States to provide human resources services to other U.S. companies. She holds a foreign degree that is the equivalent of a bachelor's degree in psychology. The Director concluded in his decision that the Petitioner does not qualify for the EB-2 classification as a…
DEC292022_01B4203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 29, 2022
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The sole issue to be addressed is whether the Petitioner established that it would employ the Beneficiary in the United States in an executive capacity as defined at section 10l(a)(44)(B) of the Act. The Petitioner does not claim that the proposed employment is in a managerial capacity. A. Facts and Procedural History The Petitioner seeks to employ the Bene…
DEC292022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 29, 2022
—
The Petitioner is an TT project manager who proposes to work in this occupation for a company in the United States. She earned the U.S. equivalent of a master's degree in management of knowledge and information technology in 2002 from C-U-B- in Brazil, and has been working in her field since. As she has established her eligibility for the EB-2 classificatio…
DEC292022_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 29, 2022
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A. Introduction
The issues addressed on appeal include whether the Petitioner properly filed the petition under the 0-1 B arts classification, whether the Beneficiary meets the evidentiary criteria as set forth at 8 C.F .R. 214 .2(o)(3)(iv)(A) or (B), and whether consideration of comparable evidence is appropriate. For the reasons discussed below, the Petit…
DEC292022_01L3245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 29, 2022
—
The only issue on appeal is whether the Applicant was ineligible for adjustment of status to that of a temporary resident under section 245A of the Act on criminal grounds at the time he was granted such status in 2013. A. Relevant Facts and Procedural History The record reflects that the Applicant filed the instant Form 1-687 in 1987 under section 245A, as…
DEC292022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 29, 2022
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A. Eligibility for the EB-2 Classification The Petitioner submitted a diploma and transcripts showing that after three years of study at the A-G A-E-C- in Brazil he earned a bachelor's degree in nautical science. He also submitted two educational evaluations from the same evaluator which concluded that based upon this evidence he "satisfied requirements su…
DEC282022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 28, 2022
—
A. Evidentiary Criteria
The Petitioner is a juris doctor tax consultant who indicates that she intends to continue this career in the United States. Because the Petitioner has not indicated or established that she has received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(…
DEC282022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 28, 2022
—
The Director determined the Petitioner qualifies for the underlying EB-2 classification. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. While we do not discuss each piece of evidence, we have reviewed and considered each one. The Petitioner stated that, as the…
DEC282022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 28, 2022
—
As a preliminary matter, we note that by regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.S(a)(l)(i). The issue before us is whether the Petitioner has established that our decision to dismiss the prior motion to reconsider was incorrect based on the evidence and was
based on an incorrect application of law or USCIS poli…
DEC272022_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 27, 2022
—
The Petitioner seeks to continue to employ the Beneficiary as an Assistant Professor in the Department of Chemical Engineering, where she would conduct research in the field of I science. She has held this position since 2017, after receiving her Ph.D. from University the perv10us year.
A. Evidentiary Criteria
The Director determined that the Beneficiary m…
DEC272022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 27, 2022
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A. The Roles of the DOL and users in the Immigrant Visa Process We begin addressing an overarching claim the Petitioner presents on appeal: users is not the proper entity to address a beneficiary's qualifications or what constitutes a foreign equivalent degree, and those issues are adjudicated by DOL. Section 212(a)(5)(A)(i) of the Act provides that: Any al…
DEC232022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 23, 2022
—
The Petitioner is a musician who plays the Venezuelan cuatro; a stringed instrument prevalent in Latin American folk music. His recent activities include work in advertising and performing in a series of concerts in the United States while here on his 0-1 nonimmigrant visa. Because the Petitioner has not indicated or established that he has received a major…
DEC232022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 23, 2022
—
The Director determined that the Petitioner qualifies as an individual of exceptional ability. 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. From 2002 to 2018, the Petitioner worked as a software developer for…
DEC232022_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 23, 2022
—
The sole issue before us is whether the Beneficiary qualifies for an H-1 B cap exemption. The Director denied the petition concluding that the Beneficiary had forfeited his previously issued H-1 B cap visa ( cap visa) upon the revocation of his cap-subject petition for fraud or willful misrepresentation of a material fact (material misrepresentation). For t…
DEC222022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2022
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. Although the Director found substantial merit in the proposed endeavor, the Director concluded that the record did not establish that the Petitioner's endeavor has national importance. The Director also concluded the record did not satisfy the second…
DEC222022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2022
—
A. Relevant Facts and Procedural History Inl 12017, the !Family Court in New York issued an order appointing a guardian for the Petitioner in proceedings brought under section 661 of the New York Family Court Act and section 1707 of the New York Surrogate's Court Procedure Act. The order stated that "the appointment shall last until the [Petitioner's] 21st…
DEC222022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2022
—
A. Relevant Facts and Procedural History The Petitioner initially sought U nonimmigrant classification claiming she was the victim of robbery and false imprisonment under sections 211 and 236 of the California Penal Code (Cal. Penal Code), respectively. The Director denied the Petitioner's Form 1-918, concluding that robbery, and not felonious assault or fa…
DEC222022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2022
—
The Petitioner filed the fiance( e) petition on October 6, 2020. As such, the relevant period during which he must establish he and the Beneficiary met is between October 5, 2018 and October 5, 2020. In response to the petition's questions concerning whether he and his fiancee met in person during the relevant two-year period, the Petitioner wrote (in verba…
DEC222022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2022
—
The Applicant entered the United States without inspection around 1990 and remained in the United States until her departure in March 2000. The Applicant then attempted to reenter the United States in 2000, using a border crossing card not lawfully issued to her. When questioned regarding the border crossing card, the Applicant misrepresented her identity b…
DEC222022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 22, 2022
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. Although the Director found substantial merit in the proposed endeavor, the Director concluded that the record did not establish that the Petitioner's endeavor has national importance. The Director also concluded the record did not satisfy the second…