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JAN262024_02E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
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The issues on appeal are (1) whether the evidence is sufficient to show that the Applicant's mother (born in 1968) or her father (born in 1971) satisfied the condition of having been physically present in the United States for a total of five years with at least two years after the age of fourteen, and (2) whether the Applicant met the two-year residence an…
JAN262024_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
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A. Relevant Procedural History and Background In 2013, the Applicant married J-T-,1 a naturalized U.S. citizen born in Mexico. In October 2021, J-T-filed Form 1-130, Petition for Alien Relative (family petition), on the Applicant's behalf and the Applicant concurrently filed Form 1-485, Application to Register Permanent Residence or Adjust Status (adjustmen…
JAN262024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
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The Director determined that the Petitioner qualifies as a member of the professions holding a bachelor's degree and at least five years ofprogressive post-baccalaureate experience in the specialty, equivalent to an advanced degree as defined at 8 C.F.R. § 204.5(k)(2). The remaining issue to be dete1mined is whether the Petitioner has established that a wai…
JAN262024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
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The Director concluded 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 eligibility for a national interest waiver under the Dhanasar framework. While we do not discuss each piece of evidence, we have reviewed and considered each one. The f…
JAN262024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
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The Petitioner seeks to own and operate a solar energy engineering business in Florida. 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 ofthe requirement ofa job offer, and thus o…
JAN262024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
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A. Eligibility for the EB-2 Classification The Director determined that the Petitioner is eligible for the EB-2 classification as a member of the professions holding an advanced degree, based upon his degree in aeronautical engineering and evidence of more than five years of progressive, post-baccalaureate work in this field. Thus the sole issue on appeal i…
JAN262024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
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The Director found that the Petitioner possesses the foreign equivalent of a bachelor's degree in economics followed by at least five years of progressive experience, and therefore qualifies as an advanced degree professional. See 8 C.F.R. § 204.5(k)(2) (a U.S. bachelor's degree or the foreign equivalent followed by at least five years of progressive experi…
JAN252024_01B4203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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The Petitioner has offered the Beneficiary permanent employment in the position of R&D and operations manager with its Florida-based agricultural products company. It asserts that she is qualified to be classified as a multinational manager or executive under section 203(b )(1 )(C) of the Act based on her employment abroad in a managerial capacity with its…
JAN252024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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The record reflects that the Petitioner, a citizen of Nigeria, married 0-J-,1 a U.S. citizen, iO2019. In June 2020, 0-J-withdrew the immigrant petition filed on behalf of the Petitioner, citing separation and divorce as the reason for the withdrawal. In September 2020, the Petitioner filed the instant VAWA petition based on this marriage. Prior to issuing a…
JAN252024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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There is no dispute that the Applicant's father is a U.S. citizen, as the record contains a copy of his timely-registered birth certificate which shows that he was born in Texas inl I1953. The only issue on appeal is whether the Applicant has demonstrated that his father was physicall resent in the United States for no less than ten years prior to the Appli…
JAN252024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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The issue presented on appeal is whether the Applicant is eligible to obtain permission to reapply for admission to the United States. The record reflects that in 2009, the Applicant was removed from the United States. In 2014, she was apprehended upon attempting to enter the United States without inspection and her prior removal order was reinstated. She w…
JAN252024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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The only issue before us is whether the Applicant has established extreme hardship to his U.S. citizen spouse ifthe waiver request is denied, for purposes ofa section 212(i) waiver eligibility. 1 The Director found that the evidence ofthe claimed hardships to the Applicant's spouse did not show that she would experience extreme hardship if the Applicant is…
JAN252024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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The Director concluded 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 eligibility for a national interest waiver under the Dhanasar framework. While we do not discuss each piece of evidence, we have reviewed and considered each one. The f…
JAN252024_03E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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The Applicant claimed on the Form N-600 that her date of birth is inl I2004, and she submitted an I I 2020 adoption decree by an Indiana Court in which the court noted information from "various physicians and therapists" who informed the Applicant's parents that her "size and development are more consistent with a birth date in 2004." However, as noted, the…
JAN252024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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As noted above, the Director found that the record does not establish that the Petitioner qualifies as an individual of exceptional ability. However, the Director did not address whether the Petitioner qualifies as a member ofthe professions holding an advanced degree. On appeal, the Petitioner asserts, in relevant part, that the Director erred by not concl…
JAN252024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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The Petitioner proposes to operate a business specializing in nationwide long-distance freight hauling and transportation services for various goods in Florida. 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 waiv…
JAN252024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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A. EB-2 Classification
1. Individual of Exceptional Ability In denying the petition, the Director determined that as the Petitioner met only two of the requisite three criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F), he did not establish his eligibility for the EB-2 classification as an individual of exceptional ability. On appeal, the Petitioner does not con…
JAN252024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. 3 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that he has more than 20 years of experience in strategic planning and management , including for…
JAN252024_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2024
—
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. At initial filing, the Petitioner stated: My proposed effort is to open a Consulting, Advisory, and Training Company in Financial Management and the development of educational content a…
JAN242024_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2024
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The Director initially approved the petition on August 22, 2012, and the Beneficiary subsequently adjusted his status to a lawful permanent resident. On April 3, 2020, the Director issued a notice of intent to revoke the approval of the petition (NOIR), noting that during the course of the adjudication of the Beneficiary's application for citizenship, Unite…
JAN242024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2024
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A. EB-2 Classification
In order to qualify for a national interest waiver, the Petitioner must first show that she 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. We observe that in denying the petition, the Director did not provide a determinati…
JAN242024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2024
—
The
Director found that the Petitioner established eligibility for the EB-2 classification as an advanced degree professional, based upon the Petitioner's master's of business administration degree from I I. The Director also found that the Petitioner established the substantial merit of the proposed endeavor. However, the Director found that the Petitioner…
JAN232024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2024
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A. Dismissal of Motion as Untimely Filed The first issue before us on appeal is whether the Director properly dismissed the Petitioner's motion to reopen as untimely filed. The record indicates that the Director's decision was issued on October 5, 2021, and that the Petitioner's motion to reopen was received by USCIS on December 6, 2021, 62 calendar days la…
JAN232024_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2024
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The Beneficiarv received a Master of Science degree in Electrical Engineering from thel I 1---------~-----____.lin July 2015 and a Ph.D. in Mechanical Engineering from --------=lin=F~eb=ruc..,ary 2020. He served as a postdoctoral researcher atl I ~------~--___.I from December 2019 until April 2022. The Beneficiary has been employed as a modeling engineer wi…
JAN232024_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 23, 2024
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The instant petition was filed on September 28, 2020. The Petitioner signed the Form 1-360, Petition for Special Immigrant Religious Worker, on page 15, Part 11, item 6, as the petitioning individual. The Petitioner's wife,I I signed the attestation section on page 11, Part 9, item 14, as the authorized official and the president of the organization. The at…