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SEP102024_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
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A. Qualifying Relationship and Eligibility for Immigrant Classification To document the termination of his prior marriage, the Petitioner submitted a Decree Nisi of Dissolution ofMarriage and a Cert[ficate ofDecree Absolute issued by the High Court ofLagos State, Nigeria in 2017. The Director determined the Petitioner's divorce documents were insufficient b…
SEP102024_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
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The Petitioner claims to be an individual of extraordinary ability based on her skills and experience as a professional choreographer. As a preliminary matter, we note that the Petitioner listed herself in Part I of the petition form, which asks for information about the person or organization filing the petition. However, when asked to provide additional i…
SEP102024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
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A. Member of the Professions Holding an Advanced Degree The Petitioner submitted an Attestation of Graduation and accompanying transcript showing that she completed a five-year bachelor's Degree of License in architectural engineering at I I I lin Syria. Additionally, she provided a Degree Certificate and accompanying transcript and Diploma Supplement showi…
SEP102024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 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 work as an IT Specialist. In the two professional plans provided by the Petitioner contained in the record, he indicated his intention to "perform as an IT Spe…
SEP102024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 10, 2024
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The Petitioner asserts that he is eligible for EB-2 classification as an individual of exceptional ability. The Director concluded that the Petitioner met two of the six criteria; that he has a degree in the area of exceptional ability and ten years of foll-time experience in the occupation. 8 C.F.R. § 204.5(k)(3)(ii)(A),(B). The Director stated that the Pe…
SEP092024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 09, 2024
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The Petitioner proposes to work in the United States as a finance technologist at _____ I I The Director concluded that the Petitioner qualified 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…
SEP092024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 09, 2024
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The Petitioner's labor certification stated that the minimum requirements for the offered position of"architect-customer success" were a U.S. bachelor's degree or a foreign equivalent degree in"computer science, computer engineering," or a "related" field, plus five years of experience "in a related field." Further, part H. 7. of the labor certification ind…
SEP092024_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 09, 2024
—
The
Petitioner, a native and citizen ofNigeria, married his former U.S. citizen spouse, M-M-, 1 in Ohio in 2015 and filed his VA WA petition in I I 20172 based on a claim of abuse by M-M-. The Director denied the VA WA petition, concluding that the Petitioner did not show that he was legally eligible to marry M-M- in 2015 because he did not demonstrate that…
SEP092024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 09, 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…
SEP092024_06B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 09, 2024
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The Petitioner is the founder and chief executive officer for a transportation and logistics company, _____ The Petitioner started the company in 2021 and asserts it has already created 100 jobs. The Petitioner established a related online teaching platform for logistics courses and an IT platform to connect independent contractors and trucking companies. T…
SEP062024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 06, 2024
—
The Petitioner is a high-performance trainer and coach in the sport of athletics. He states he has worked with track and field athletes of the Venezuelan national team as a staff member of the from 2012 until at least 2017. The Petitioner seeks to continue his work as an athletic trainer in the United States. The Petitioner has neither claimed nor demonstra…
SEP062024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 06, 2024
—
In this case, the Petitioner, a citizen of Brazil, indicated on her VA WA petition that she is the child of an abusive U.S. citizen. The record indicates that her mother, F-F-, 1 married R-F-, a U.S. citizen, in 2019, when the Petitioner was 21 years old. In denying the petition and subsequent motions to reopen and reconsider, the Director determined that t…
SEP062024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 06, 2024
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The
Petitioner has a background in the sale, investment, design and implementation ofprojects related to housing and other buildings. He has founded multiple companies in his home country and he proposes to continue his work as an entrepreneur in the real estate development field in the United States.
A. Evidentiary Criteria
Because the Petitioner has not…
SEP062024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 06, 2024
—
The first 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. Because the record reflects the proposed endeavor falls within one or mo…
SEP052024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 2024
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The
Petitioner is a digital artist who produces works in the surrealist photomontage genre. At the time of filing he was employed in the United States as a digital art director pursuant to O-lB nonimmigrant status, and was also involved in digital art workshops and mentoring other artists. He states that he plans to continue these latter activities.
A. Evi…
SEP052024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 2024
—
The Department of State determined that the Applicant is inadmissible to the United States for fraud or misrepresentation because she misrepresented her intent to enter as visitor to a U.S. Customs and Border Protection officer in 2006 based on evidence that she obtained employment within 90 days of entry. The issues on appeal are whether the Applicant has…
SEP052024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 2024
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By regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). The filing before us is a motion to reconsider our decision to dismiss the Petitioner's appeal. A motion to reconsider must establish that our prior decision was 1) based on an incorrect application of law or policy, and 2) incorrect based on the evidence in…
SEP052024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 2024
—
A. Advanced Degree Professional
The Director concluded the Petitioner qualifies as an advanced degree professional because he holds the foreign equivalent of a U.S. master's degree. However, possession of an advanced degree alone does not make an individual qualified for the EB-2 immigrant classification. A petitioner must establish they are both a "member…
SEP052024_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 2024
—
A . Relevant Facts and Procedural History The record reflects that in I I 2018, a Circuit Court in Maryland issued an order appointing a guardian for the Petitioner based on a determination that he was a minor child born inl I1998 and that appointment of a guardian would be in his best interest. On the same date, the Circuit Court
issued an Order for Judic…
SEP052024_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 2024
—
The issue on appeal is whether the Applicant's qualifying relative would experience extreme hardship if the waiver were denied. The Applicant does not contest the finding of inadmissibility for fraud or misrepresentation, a determination supported by the record, which establishes that she misrepresented her marital status when applying for a nonimmigrant vi…
SEP052024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 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…
SEP052024_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 2024
—
The Applicant admits, and the record shows, he is inadmissible under the Act for fraud or willful misrepresentation for having used a photo-substituted visa and passport to enter the United States. Therefore, the only issue before us on appeal is whether he has established extreme hardship to his U.S. citizen spouse if the 212(i) waiver request is denied. R…
SEP052024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 05, 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…
SEP042024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 04, 2024
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Upon review of the record in its totality, we conclude that the Petitioner has not established that the LCA corresponds to the petition and has not sufficiently established the services in a specialty occupation that the Beneficiary would perform during the requested period of employment. This precludes a determination of whether the proffered position qual…
SEP042024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 04, 2024
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The Petitioner filed this fiancee petition on January 6, 2023. On her Form I-129F, the Petitioner indicated she and her fiancee had not met in person during the two-year period immediately preceding the filing ofher petition and requested a discretionary exemption stating, "I have Panhypopituatarism. It requires me to carry one emergency dose oflm Cortisol.…