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NOV042024_02B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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The
Director concluded 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 she is eligible for, and merits as a matter of discretion, a national interest waiver. The Director determined that the Petitioner demonstrated that her proposed endeavor has both…
NOV042024_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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The Petitioner indicated on page 6 of her petition that on May 10, 2018, she invested $500,0002 into I 3 (NCE), which is sponsored by pursuant to the Immigrant Investor Program. According to the Confidential Offering Memorandum, dated October 2017, the NCE proposes to raise $6,000,000 from 12 immigrant investors and engage in the development and constructio…
NOV042024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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The remaining issue to be determined on appeal 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. 3 Based on our de novo review of the record, we agree with the Director that the Petitioner has not sufficiently demonstrated the national importance of h…
NOV042024_06B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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The Director determined that the record did not establish the Petitioner's eligibility under any of the prongs of the Dhanasar framework, and therefore found him ineligible for a waiver of the job offer requirement. 4 For the reasons discussed below, we will withdraw the Director's decision and remand the matter to the Director for entry of a new decision.…
NOV042024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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In denying the petition, the Director determined, among other findings, that the Petitioner had not established that his proposed endeavor has national importance.3 The Petitioner intends to work as a chief executive I entrepreneur by opening, establishing, operating, and growing a non-profit business that offers high-quality interstate refrigerated truckin…
NOV042024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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A. EB-2 Visa Classification
The Director determined that the Petitioner does not qualify as an advanced degree professional. Since 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 whethe…
NOV042024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 04, 2024
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The
Petitioner filed this petition in September 2023. At the time offiling, the Petitioner was a doctoral research student in the field of petroleum engineering at I in Texas. 2 After analyzing the initial evidence, the Director issued a request for evidence (RFE), noting deficiencies in the record, to which the Petitioner timely responded. The Director det…
NOV012024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 01, 2024
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The Director found, and the record (including evidence of a U.S. master of business administration (MBA) degree from _______________ and school transcript) shows, that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional. 8 C.F.R. §§ 204.5(k)(l)-(2), (k)(3)(i)(A). The remaining issue on appeal is whether he warr…
NOV012024_02A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 01, 2024
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The record reflects that the Applicant is a citizen of Malaysia who was admitted to the United States (U.S.) in 2015 as an A-2 nonimmigrant to work at the Consulate General of Malaysia inl (consulate). From November 2019 until August 2021 the Applicant worked at the consulate as a andl performing semi-diplomatic duties such as issuing passports and visas. T…
NOV012024_03A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 01, 2024
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As stated in our prior decision, the record shows the Applicant was admitted to the United States in A-1 nonimmigrant status in March 2017 to work as a at the Consulate General of El Salvador inl !(consulate). The Applicant's A-1 nonimmigrant status was terminated in August 2021, and he filed this application in December 2021. 1 Pub. L. No. 85-316, 71 Stat.…
NOV012024_04A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 01, 2024
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The record reflects that the Applicant is a citizen of Nigeria who was admitted to the United States (U.S.) in 2007 as an A-2 nonimmigrant to work as I I at the Consulate General of Nigeria inl I During her interview and in a sworn statement, the Applicant explained she was unable to return to Nigeria because she would be a target for kidnapping and rape be…
NOV012024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 01, 2024
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The Director found that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree. 2 The issue on appeal is whether the Petitioner established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest.3 The Director determined that the Pe…
NOV012024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 01, 2024
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The Director determined that the Petitioner qualifies 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 met the Dhanasar framework and dismiss the appeal. The first prong, substantial merit and national impor…
NOV012024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 01, 2024
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The Director determined that the Petitioner qualified 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 did not demonstrate eligibility under the Dhanasar framework and will dismiss the appeal. The first prong, substa…
NOV012024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 01, 2024
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The Director found that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree.2 We agree with the Director's determination. The issue on appeal is whether the Petitioner established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national int…
OCT312024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 31, 2024
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Because the Petitioner has not indicated or established that the Beneficiary 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). In denying the petition, the Director determined the Beneficiary did not fulfill any of them. On appeal, the Petitioner main…
OCT312024_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 31, 2024
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The Director found the Applicant to be inadmissible under section 212(a)(6)(C)(i) of the Act, a determination that is supported by the record. The Applicant does not contest the Director's inadmissibility finding on appeal. He admits that the fraud and misrepresentation occurred in September 1999 when he attempted to enter the United States as an unaccompan…
OCT312024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 31, 2024
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The Petitioner is a business consultant whose proposed endeavor is to provide consulting, management, and process implementation advice and education activities to small and medium-sized, Latino owned businesses. The Director found that the Petitioner did not establish eligibility for any of the three prongs of the Dhanasar framework, and therefore is not e…
OCT312024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 31, 2024
—
The record reflects that the Petitioner qualifies as a member of the professions holding an advanced degree. The next 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 under the Dhanasar analytical framework. The first prong, sub…
OCT312024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 31, 2024
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The first Dhanasar prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. In determining whether the proposed endeavor has national importance, we consider its potential prospective impact. As it relates to substantial merit, the endeavor's merit may be shown in a range of areas such as…
OCT312024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 31, 2024
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The Petitioner's proposed endeavor is to continue his work as a dentist in the United States, focusing on general dentistry, implantology, and communication campaigns promoting oral health education. The Director determined that the Petitioner established his eligibility for the EB-2 classification as a member ofthe professions holding an advanced degree. H…
OCT312024_09B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 31, 2024
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The Beneficiary entered the United States in March 2002 as a J-1 exchange visitor. She later changed her status to F-1 student and has not departed the United States.4 While in the United States the Beneficiary married twice. She married her first spouse, a foreign national, in~2009 and divorced inl 12012. 5 She married her second spouse, a naturalized U.S.…
OCT302024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 30, 2024
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The Applicant, a native and citizen of Mexico, was granted U-1 nonimmigrant status from June 2018 until June 2022. She timely filed her U adjustment application in May 2022. The Director issued a request for evidence (RFE), requesting additional information about the Applicant's arrest inl I 2022 1 for driving under the influence of alcohol (DUI). In partic…
OCT302024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 30, 2024
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A. Evidentiary Criteria
Because the Petitioner has not claimed or established the Beneficiary's receipt of a major, internationally recognized award, the Beneficiary must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Director determined the Beneficiary met three of the claimed evidentiary criteria relating…
OCT302024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 30, 2024
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There is no dispute that the Applicant has a U.S. citizen father and is currently under the age of 18 years, as required in sections 322(a)(l) and 322(a)(3) of the Act. The issue on appeal is whether the Applicant's father has shown that the Applicant satisfies the condition ofresiding outside ofthe United States in his legal and physical custody mandated b…