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APR122024_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 12, 2024
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The record reflects that the Applicant is a citizen of Guatemala and was the victim of sexual assault. On the basis of that victimization and assistant to law enforcement, the Applicant filed a U petition which was approved on May 10, 2018. He was granted U nonimmigrant status from that date until May 9, 2022. The Applicant filed the instant U adjustment ap…
APR122024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 12, 2024
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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 waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Director concluded that the Petitioner's proposed ende…
APR122024_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 12, 2024
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The Applicant was granted U-1 nonimmigrant status from October 29, 2020 until October 8, 2024, and she filed her U adjustment application on February 8, 2022. The Director denied the U adjustment application. At the time the Applicant filed her U adjustment application, she could not demonstrate
she had been physically present in the United States for a co…
APR122024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 12, 2024
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The Director found that the Petitioner did not establish that he is an individual of exceptional ability, and as such did not establish that he qualifies for the EB-2 classification. 3 The Director further found that the Petitioner did not establish eligibility under any of the three required prongs of the Dhanasar framework and therefore concluded that he…
APR112024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 11, 2024
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The Director concluded the Petitioner did not establish his receipt of a major, internationally recognized award. In addition, the Director determined the Petitioner did not fulfill any of the seven claimed categories of evidence. On appeal, the Petitioner maintains his qualification for six criteria. Issues and prior eligibility claims not raised on appeal…
APR112024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 11, 2024
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A. The Proposed Endeavor
The record shows that the Petitioner, a Brazilian native and citizen, earned a dental surgeon degree and worked in the dentistry field in her home country for more than 16 years. In the United States, the Petitioner seeks to continue her work as a dental director and pediatric dentist at a community health center. The position invol…
APR112024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 11, 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 record does no…
APR112024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 11, 2024
—
The Director determined that the Petitioner qualifies as an advanced degree professional but failed to establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner is not eligible for a national interest waiver under the Dhanasar framework and dismiss the appeal. The first D…
APR112024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 11, 2024
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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. In denying the petition, the…
APR112024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 11, 2024
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A. EB-2 Classification
In order to qualify for a national interest waiver, the Petitioner must first show that he qualifies for the EB-2 classification under section 203(b )(2)(A) of the Act, either as an advanced degree professional or an individual of exceptional ability. In denying the petition, the Director did not determine whether the Petitioner quali…
APR102024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 10, 2024
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The Petitioner earned a bachelor's degree in accounting from a Colombian university in 2004. According to the Petitioner's resume, she has worked in Colombia as an accounting, financial, and tax consultant and owner of since 2007. The record shows that in July 2022, shortly before filing the instant petition, the Petitioner formed __________ based inl IFlor…
APR102024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 10, 2024
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In 2015, when the Petitioner was 14 years old, the Probate Court (Probate Court) in Connecticut issued a Temporary Guardianship Order (TGO) 2 appointing Y-C-, 3 her maternal aunt, and N-C-, Y-C-'s husband, as her guardians. The TGO provided that because the Petitioner resided in the district, the Probate Court had jurisdiction. The Probate Court determined…
APR102024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 10, 2024
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The Petitioner originally claimed that he satisfied the five criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(D) and (F), subsequently altering that claim to include all six criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). In a supporting cover letter, the Petitioner stated that he has worked for the same government-owned company, I I for 19 years and that over 10…
APR102024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 10, 2024
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A. The Proposed Endeavor
The record shows that the Petitioner, a Brazilian native and citizen, obtained a bachelor's degree in mechanical engineering and a master of business administration diploma in his home country. After receipt of his baccalaureate degree, he worked in the production engineering field in Brazil for about 20 years. He worked as a proces…
APR092024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 09, 2024
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The Petitioner proposes to work in the United States as a human resources specialist through her own consulting 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, an…
APR092024_01D13101
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 09, 2024
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A. Qualifying Organization
The Director denied the petition on the sole basis that the Petitioner did not qualify either as a tax exempt religious organization or a bona fide organization that is affiliated with a religious denomination, as defined at 8 C.F.R. § 214.2(r)(3). Specifically, the Director concluded that the Petitioner did not provide a valid I…
APR092024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 09, 2024
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The Applicant claims that she is the subject of a final adoption in India on I 21, 1984, that at least one of her parents saw and observed her before and during her adoption, and that she therefore met the definition of a child at section l0l(b)(l)(F)(i) of the Act, as required to satisfy section 320 of the Act conditions while under the age of 18 years. Be…
APR092024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 09, 2024
—
A. EB-2 Classification
The Petitioner asserts on appeal that the Director wrongfully stated that she does not qualify for the EB-2 classification as an individual of exceptional ability. However, as the record does not establish by a preponderance of the evidence that the Petitioner is eligible for a national interest waiver as a matter ofdiscretion, we wil…
APR082024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 2024
—
Because the Petitioner has not indicated or established receipt of 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 Petitioner fulfilled only one ( display at 8 C.F.R. § 204.5(h)(3)(vii)) of the seven claimed c…
APR082024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 2024
—
The record shows that the Petitioner's parent company in Mongolia continuously employed the Beneficiary from 2014 to 2020. From 2014 to 2016, she worked as an accountant. From 2016 to 2021, the parent employed her as general manager. The parent company established the petitioning U.S corporation in 2020. The following year, U.S. Citizenship and Immigration…
APR082024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 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…
APR082024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 2024
—
In our prior decision dismissing the Applicant's appeal, incorporated here by reference, we determined that the Applicant did not provide sufficient evidence to demonstrate that his maternal grandmother, S-C-, resided in the United States for 10 years, at least 5 years of which were after she turned 16-years-old in I ll 93 7, and before the Applicant's moth…
APR082024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 08, 2024
—
The Director found the Applicant inadmissible for having committed fraud or material misrepresentation to obtain a visa. The Applicant does not contest this determination on appeal, and it is supported by the record. 1 The remaining issues on appeal are whether the Applicant has demonstrated extreme hardship to her LPR parents if the waiver is not granted,…
APR082024_02A6245
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 08, 2024
—
The Applicant filed his U adjustment application in March 2022 while in U nonimmigrant status. The Director states that he did not file a medical examination with his U adjustment application, and a
request for evidence (RFE) was issued in August 2023 for the medical examination and several other pieces of evidence. The Applicant responded to the RFE with…
APR082024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 2024
—
A. The Petitioner
The record shows that the Petitioner, a Chinese native and citizen, earned a bachelor's degree in management in China and a master's degree in financial investment in Australia. After returning to China, she gained more than eight years of experience as a financial analyst and investment director. The Petitioner claims that, in Asia, she i…