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MAY102024_01E2309
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
—
We previously determined that the Applicant did not meet this burden. Specifically, we concluded that the affidavits and documents he submitted, including birth, baptismal, and census records, as well as his father's 1965 selective service registration card and 1965-1967 Social Security earnings statement, were adequate to establish only that his father spe…
MAY102024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
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The record shows that the Petitioner, an Indian native and citizen, earned a bachelor of technology degree in computer science and engineering in his home country. He came to the United States and earned a master of science degree in computer science and an executive master of science degree in information systems security. He has worked in the United State…
MAY102024_02B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
—
The sole ground for the Director's decision to deny the petition was that the Petitioner did not establish that the Beneficiary qualified for the offered position. In Part Hof the labor certification, the Petitioner stated the following requirements for the position of operations research analyst: H.4 Minimum level of education required: Master's H.4-B Majo…
MAY102024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
—
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 of a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has n…
MAY102024_04B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
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As previously indicated, the Director's decision did not offer a complete analysis or adequately explain the deficiencies in the evidence. See 8 C.F.R. § 103.3(a)(l)(i); see also Matter ofM-P-, 20 I&N Dec. 786 (BIA 1994) (finding that a decision must fully explain the reasons for denying a motion to allow the respondent a meaningful opportunity to challenge…
MAY102024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner, amechanical engineer/entrepreneur, states that he has more than 10 years of experience in "industrial mai…
MAY102024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 10, 2024
—
The
Director determined that the Petitioner qualifies for the EB-2 classification as an advanced degree professional, based upon obtaining the foreign equivalent of a bachelor's degree in culinary arts followed by at least five years of progressive experience as a chef. See 8 C.F.R. § 204.5(k)(2). However, upon de novo review, we conclude that this finding…
MAY092024_01A7245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
In November 2018, USCIS granted the Applicant derivative T nonimmigrant status, which was valid until August 30, 2020, and she was admitted into the United States on August 27, 2020. The Applicant filed her T adjustment application in October 2020. The Director denied the T adjustment application in November 2022 because the Applicant was not in T nonimmigr…
MAY092024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
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The Petitioner is a researcher in the field of autonomous systems and robotics engineering. He intends to continue to conduct research in this field in the United States.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he has received a major, internationally recognized award, he must satisfy at least three of the alter…
MAY092024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The record demonstrates that the Petitioner earned a bachelor's degree in systems engineering from in Venezuela in 2003 and has over 20 years of professional experience in the information systems field, working at various industries in improving opera…
MAY092024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
To be eligible for classification as a professional a beneficiary must have a U.S. baccalaureate degree or a foreign equivalent degree and be a member of the professions. See 8 C.F.R. § 204.5(1)(3)(ii)(C). Furthermore, the beneficiary must possess all of the specific educational, training, experience, and other requirements of the labor certification by a p…
MAY092024_01B7203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
The Petitioner indicated on page 2 of her petition and supporting evidence that on March 26, 2015, she invested $500,000 1 in I the new commercial enterprise (NCE), which is sponsored by thel I (Regional Center)2 pursuant to the Immigrant Investor Pilot Program. According to the Private Placement Memorandum (PPM) of the NCE, the NCE proposes to pool $98,000…
MAY092024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
The Petitioner, a citizen of Mexico, entered the United States in 1999 without inspection. The Petitioner married N-G-, 1 a U.S. citizen, in 2008. The Petitioner filed his VA WA petition in 2018 based on his marriage with N-G-. The Director issued a request for evidence for additional information regarding the Petitioner's 2012 conviction for willful cruelt…
MAY092024_01D7101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
At issue in this proceeding is whether the Petitioner has established that the Beneficiary possesses specialized knowledge and whether he has been employed abroad and will be employed in the United States, in a specialized knowledge capacity. 1 1 The Petitioner does not claim that the Beneficiary was employed abroad in an executive or managerial capacity. 2…
MAY092024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
As mentioned above, the Applicant seeks to adjust her status to that of a lawful permanent resident. However, the Director concluded that the Applicant was inadmissible under section 212(a)(6)(C)(i) of the Act because she willfully misrepresented her marital status to a U.S. consular officer in order to obtain a nonimmigrant visa. The Director then determin…
MAY092024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
A. EB-2 Classification
The Petitioner is a computer engineer and IT consultant. She submitted a diploma and transcripts for her degree in computer engineering from the in Ecuador; along with an academic evaluation that states her degree is equivalent to a U.S. bachelor's degree in computer science. In addition, the Petitioner submitted employment letters th…
MAY092024_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
"Executive capacity" means an assignment within an organization in which the employee primarily directs the management of the organization or a major component or function of the organization; establishes the goals and policies of the organization, component, or function; exercises wide latitude in discretionary decision-making; and receives only general su…
MAY092024_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
The Applicant, a citizen of Ecuador, is the beneficiary of an approved Form 1-130, Petition for Alien Relative, his U.S. citizen spouse filed on his behalf He currently resides in the United States and seeks conditional approval of his request for permission to reapply for admission under the regulation at 8 C.F.R. § 212.2(j) before he departs. 2 The Applic…
MAY092024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
As noted above, the Director concluded that the Petitioner does not qualify for classification as an individual of exceptional ability; however, the Director did not address whether, in the alternative, the Petitioner qualifies for classification as a member of the professions holding an advanced degree. See section 203(b )(2) of the Act. The Director concl…
MAY092024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
The Director concluded that the Petitioner qualifies as a member of the professions holding the equivalent of an advanced degree as defined at 8 C.F.R. § 204.5(k)(2). The issue before us 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 Director c…
MAY092024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
The Director found that the Petitioner did not establish that she is an individual of exceptional ability and as such did not establish that she qualifies for the EB-2 classification. 2 Regarding the Petitioner's request for a national interest waiver, the Director found that the Petitioner demonstrated the substantial merit of the proposed endeavor but not…
MAY092024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2024
—
A Exceptional Ability
To qualify for the exceptional ability classification, an individual must substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States because of their exceptional ability. See Section 203(b)(2)(A) of the Act. The plain language of the regulatory criteria at 8 C.F.R. § 204…
MAY082024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 08, 2024
—
The Applicant filed the adjustment application in March of2022. The Applicant was arrested in of2022 in Florida. Onl 2022, thel !State Attorney's Office filed an information charging the Applicant with one count of lewd or lascivious battery, classified as a second-degree felony. Fla. Stat. Ann.§ 800.04(4)(a)(l ), (4)(b). 1 The information charged that the…
MAY082024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 08, 2024
—
A. Substantial Merit and National Importance of the Proposed Endeavor 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 educ…
MAY082024_01E1316
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 08, 2024
—
The issue in the present matter is whether the Applicant has established that he was physically present in the United States for an uninterrupted period of twelve months following admission as a permanent resident. The Applicant was lawfully admitted for permanent residence in the United States on August 20, 2022. On the Form N-470, filed on September 5, 20…