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OCT252024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 25, 2024
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, 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. The first prong, substantial…
OCT252024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 25, 2024
—
As a preliminary point, we note that the Director's decision often lacks detailed discussion of record evidence. At the same time, the purpose of an appeal is to specifically identify errors in the adverse decision. See 8 C.F.R. § 103.3(a)(l)(v). The Petitioner, on appeal, alleges procedural errors such as imposing novel evidentiary requirements, but the Pe…
OCT242024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 24, 2024
—
The Applicant, a citizen of Russia, was granted U nonimmigrant status from October 2015 until September 2019. He filed the instant U adjustment application in April 2019. The Director denied the application, determining the Applicant had not demonstrated that his adjustment of status to that of an LPR was justified on humanitarian grounds, to ensure family…
OCT242024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 24, 2024
—
Because the Petitioner has not indicated or established 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). The Director concluded the Beneficiary fulfilled only two - judging under 8 C.F.R. § 204.5(h)(3)(iv) and leading or critical role…
OCT242024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 24, 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. The endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Dhanasar, 26 I&N Dec. at 889. In determining whether the propos…
OCT242024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 24, 2024
—
The Petitioner's supporting evidence indicates that from December 8, 2015 to May 20, 2016, he invested a total of $500, 1003 into (NCE), which is sponsored by pursuant to the Immigrant Investor Program. According to the Confidential Private Placement Memorandum, dated December 2017, the NCE proposes to raise $36,000,000 from 72 immigrant investors and lend…
OCT242024_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 24, 2024
—
The record demonstrates that the Beneficiary entered the United States with his wife and a son on March 20, 2023, with a B-2 visitor visa. On May 30, 2023, the Petitioner filed the instant petition for the Beneficiary work as an Imam (Priest). The Director denied the petition on December 18, 2023, concluding that the Petitioner did not provide the evidentia…
OCT242024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 24, 2024
—
The Petitioner filed the instant petition in October 2023. She has worked as a principal product manager atl Iwith an annual salary of $200,000 since November 2023. She received a bachelor's degree in computer engineering froml in 2008 and a master's degree in human-computer interaction 1 from I I in 2011. She claims that she has 20 years ofexperience and e…
OCT242024_02B7203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 24, 2024
—
The Petitioner asserts that he invested $500,0003 into.___________ ~ the NCE, which is associated with.__ ___________ _. This NCE proposes to pool up to $200,000,000 from 400 immigrant investors, funds which will be loaned to the job-creating entity, I I I I to develop a condominium tower inl INew York. The Chief concluded that the evidence did not show the…
OCT232024_01D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 23, 2024
—
We conclude that a remand is warranted in this matter. The Petitioner seeks to employ the Beneficiary as a habilitation counselor. It submitted a labor condition application (LCA) certified for a position in the Occupational Information Network (O*NET) Rehabilitation Counselor standard occupational category (SOC) 21-1015. 00. The Petitioner stated the posit…
OCT232024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 23, 2024
—
The Director found, and the record-including the Petitioner's 2011 bachelor of engineering degree from Pakistan, school transcript, and academic evaluation as well as former employer letters-shows, that he qualifies for the underlying EB-2 classification as an advanced degree professional based on his U.S.-equivalent bachelor's degree and at least five year…
OCT232024_02D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 23, 2024
—
We conclude that a remand is warranted in this matter. The Petitioner seeks to employ the Beneficiary as a habilitation counselor. It submitted a labor condition application (LCA) certified for a position in the Occupational Information Network (O*NET) Rehabilitation Counselor standard occupational category (SOC) 21-1015. 00. The Petitioner stated the posit…
OCT232024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 23, 2024
—
The Director determined that the Petitioner established eligibility for the underlying EB-2 classification as an advanced degree professional. The remaining issues on appeal are whether the Petitioner has established the national importance of his proposed endeavor under Dhanasar's first prong, that he is well-positioned to advance his proposed endeavor und…
OCT232024_03D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 23, 2024
—
We conclude that a remand is warranted in this matter. The Petitioner seeks to employ the Beneficiary as a habilitation counselor. It submitted a labor condition application (LCA) certified for a position in the Occupational Information Network (O*NET) Rehabilitation Counselor standard occupational category (SOC) 21-1015. 00. The Petitioner stated the posit…
OCT222024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 22, 2024
—
The Director determined that although the Petitioner qualified for the requested EB-2 immigrant classification as an individual of exceptional ability, he did not establish eligibility for a national interest waiver under the Dhanasar analytical framework. Upon de nova review, the Petitioner has not established his eligibility for the EB-2 classification. I…
OCT212024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
The Applicant, a citizen ofEcuador, was granted U nonimmigrant status from June 2017 to June 2021. She filed the instant U adjustment application in May 2022. The Director therefore concluded that the Applicant did not continue to hold U nonimmigrant status at the time she filed her U adjustment application and, accordingly, could not establish her eligibil…
OCT212024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
A. Facts and Procedural History The record shows that the Petitioner, a Georgian native and citizen, has been creating art since he was a small child. He complied with his father's wishes by obtaining a degree from an agricultural institute in his home country. But the Petitioner never worked in that field. Instead, he used his diploma as part of an art pie…
OCT212024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
The Director found that the Beneficiary did not qualify as a member of the professions holding an advanced degree. Specifically, the Director determined that while the Beneficiary has a foreign equivalent to a U.S. bachelor's degree, the Petitioner did not establish that he has five years ofprogressive experience in the specialty. 2 The Director also determ…
OCT212024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
According to pages 1 and 2 of the petition, the Petitioner invested $500,0004 in the NCE, which is associated with a USCIS-designated regional center, (the Regional Center). The record includes four business plans, dated October 2015, October 2017, February 2020, and June 2020, respectively, and multiple economic impact reports. Pages 1, 5 and 6 of the 2015…
OCT212024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
A. Background
The Petitioner filed the Form 1-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its habilitation specialist position is a specialty occupation under section 214(i)(l) of the Act, 8 U.S.C. § l 184(i)(l), so that the Beneficiary could be admitted to the United States and undertake the proffered pos…
OCT212024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
Although the Applicant stated on the Form N-600 and in his supporting statements that he was born in Puerto Rico in 1966, his administrative record indicates that he was admitted to the United States as a child on a Nicaraguan passport indicating that he was born in Nicaragua. Consequently, the Applicant's record contains two birth certificates and although…
OCT212024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
Because the Petitioner has not indicated or shown that she received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i) (x). The Director determined that the Petitioner met two of the regulatory criteria by providing sufficient evidence of her authorship of scholarly a…
OCT212024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
The Petitioner proposes to work in the United States as a fashion communication specialist. For the reasons discussed below, the Petitioner has not established his eligibility for the EB-2 classification. Moreover, he has not demonstrated that a waiver of the labor certification would be in the national interest.3 A. Member of Professions Holding an Advance…
OCT212024_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
In this case, the Petitioner claims to have invested $500,000 in the NCE. According to page 1 of the business plan, the NCE is managed by ________ __, and its "purpose is to provide up to $115 million in loans to fund the development, construction and operation of a . . I I California. Page 2 of the business plan explains that the NCE is selling "units of […
OCT212024_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2024
—
A. Background
The Petitioner filed the Form 1-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its habilitation specialist position is a specialty occupation under section 214(i)(l) of the Act, 8 U.S.C. § l 184(i)(l), so that the Beneficiary could be admitted to the United States and undertake the proffered pos…