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OCT172024_04D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2024
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A. Background
The Petitioner filed the Form 1-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its rehabilitation counselor position is a specialty occupation under section 214(i)(l) of the Act so that the Beneficiary could be admitted to the United States and undertake the proffered position in H-lB classifica…
OCT172024_05D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2024
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The Petitioner filed its petition seeking to employ the Beneficiary as a bilingual case manager and it submitted a labor condition application (LCA) certified for a position in the mental health counselor occupational category. The Director may request additional evidence when determining eligibility for the requested benefit. 8 C.F.R. § 103.2(b)(8). In add…
OCT172024_06D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2024
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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…
OCT172024_08D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2024
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A. Background
The Petitioner filed the Form I-129, Petition for Nonimmigrant Worker, on the Beneficiary's behalf seeking a determination that its rehabilitation counselor position is a specialty occupation under section 2 l 4(i)(l) of the Act so that the Beneficiary could be admitted to the United States and undertake the proffered position in H-lB classifi…
OCT162024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2024
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A. Relevant Procedural and Factual Background A Form 1-918, Supplement A, Petition for Qualifying Family Member ofU-1 Recipient was filed on the Applicant's behalf, and he was granted derivative U nonimmigrant status from October 2017 to October 2021. The Applicant filed his U adjustment application in October 2021. The Director denied the U adjustment appl…
OCT162024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2024
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The Petitioner failed to specifically identify the criteria in the regulation at 8 C.F.R. § 204.5(h)(3) under which she wished USCIS to consider each form of evidence. If it is the Petitioner's contention that she meets a particular criterion, it remains her responsibility to specifically identify under which criterion USCIS should consider the evidence. Sh…
OCT162024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2024
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A. Relevant Facts and Procedural History The Petitioner filed her U petition in 2018 with a Supplement B ( original Supplement B) signed and certified by the Executive Assistant to the Chief 2 of the Florida Police Department ( certifying official). At Part 3 .1 of the Supplement B , which asks the certifying official to indicate the qualifying criminal act…
OCT162024_02B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2024
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The Petitioner's endeavor is to continue his career teaching in a University in the United States and pursue research to develop machine learning techniques for application to finance to enhance return prediction, discover new risk factors, and explore the effect of corporation innovation activities on stock returns. The Director found that the Petitioner q…
OCT162024_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 16, 2024
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in 2018 with a Supplement B signed and certified by the Deputy, Community Outreach Division, of the I I Florida Sheriffs Office ( certifying official). At Part 3 .1 ofthe Supplement B , which asks the certifying official to indicate the qualifying criminal activity of which the Pet…
OCT152024_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 15, 2024
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lnl I2023, when the Petitioner was 16 years old, the Juvenile and Domestic Relations District Court of the County of I I Virginia (court) issued a custody order, awarding sole legal and physical custody of the Petitioner to her brother, pursuant to the best interest of the Petitioner, as set forth in Virginia code. The court further found, among other SIJ r…
OCT152024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 15, 2024
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At the outset, the Petitioner does not challenge or address the Director's decision regarding the Beneficiary's eligibility for a nomination or receipt of a significant national or international prize or award under 8 C.F.R. § 214.2(o)(3)(v)(A).1 Rather, the Petitioner seeks to demonstrate the Beneficiary's sustained acclaim and recognition of achievements…
OCT152024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 15, 2024
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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)(3)(i) (x). The Director determined that the Petitioner met two of the regulatory criteria by providing sufficient evidence that he judged the work of others…
OCT152024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 15, 2024
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The Petitioner proposes to work in the United States as a CEO of _____________ TheThe Director found that the Petitioner qualifies as a member ofthe 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 i…
OCT112024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2024
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In the petition form, the Petitioner lists "dancers and choreographers" as her occupation and job title and states that her position requires her to "undergo rigorous auditions and rehearsals, dedicating hours each day to perfect complex dance movements and collaborate closely with instructors, 1 Although the Petitioner previously claimed that she meets the…
OCT112024_01B4203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2024
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The issues to be determined are whether the Petitioner established that the Beneficiary has been employed outside the United States by a qualifying entity and whether his prospective U.S. employer is "the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity" that has employed him abroad. The Petitioner is a publicly tr…
OCT102024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2024
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Because the Petitioner has not indicated or established receipt of 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). In denying the petition, the Director determined the Petitioner fulfilled only the artistic display criterion at 8 C.F.R. § 204.5(h)(3)(vii). On…
OCT102024_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2024
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The Director determined that the Petitioner qualified for classification as an advanced degree professional, that the proposed endeavor has substantial merit, and that the Petitioner is well positioned to advance her proposed endeavor. However, the Director concluded that the Petitioner did not establish that the proposed endeavor has national importance o…
OCT102024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2024
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The Petitioner filed this petition in October 2023. At the time of filing, the Petitioner was a doctoral research student in the field of nutrition science at ______ in Washington DC. According to her school transcript, as of March 2023, the Petitioner has completed, three semesters of her PhD coursework and was in the process of completing her fourth semes…
OCT102024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2024
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The Petitioner proposes to operate his company, ______ 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. F…
OCT102024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2024
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A. Motion to Reopen The Petitioner has not provided us with new facts warranting reopening the proceedings here. We interpret "new facts" to mean those that are relevant to the issues raised on motion and that have not been previously submitted in the proceeding. Reasserting previously stated facts or resubmitting previously provided evidence does not const…
OCT092024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 09, 2024
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Because the Petitioner has not indicated or established he 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 Petitioner did not fulfill any of the claimed evidentiary criteria. On appeal, the Petitioner maintains his qualifi…
OCT092024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 09, 2024
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The Director determined that the Petitioner qualifies for the underlying EB-2 classification as an individual of exceptional ability, but did not establish his eligibility for the requested national interest waiver. For the reasons discussed below, we agree with the Director that the Petitioner has not sufficiently demonstrated the national importance of hi…
OCT092024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 09, 2024
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A. Consultation
The first issue is whether the petitioner has submitted the required written advisory opinion from an appropriate consulting entity, pursuant to 8 C.F.R. § 214.2(o)(2)(ii)(D). If the petitioner establishes that an appropriate peer group, including a labor organization, does not exist, UCSIS will render a decision on the evidence of record. S…
OCT092024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 09, 2024
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Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner intends to use her experience as a Physical Therapist through her consulting and education business,D I(the company). 2 In the Petitioner's business plan, provided with h…
OCT082024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 08, 2024
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The
Petitioner claimed eligibility for the EB-2 immigrant classification as an individual ofexceptional ability. However, because we conclude that he is not eligible for, and does not merit as a matter of discretion, a national interest waiver, and this determination is dispositive of the Petitioner's appeal, we decline to reach and hereby reserve the issue…