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JAN052024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 05, 2024
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A. EB-2 Classification
The Director did not include a determination of the Petitioner's eligibility for the EB-2 classification in her decision.2 However, as the record does not establish by a preponderance of the evidence that the Petitioner is eligible for or otherwise merits a national interest waiver as a matter of discretion, we will reserve the issue…
JAN052024_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 05, 2024
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The Beneficiary began working for the Petitioner's parent company in China in May 2019, first as a commodity operations specialist, then as country merchandise supervisor-India starting in April 2021, with a promotion to country merchandise manager-India effective June 2022. 1 The Beneficiary entered the United States in June 2022 as a B-1 nonimmigrant visi…
JAN052024_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 05, 2024
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There is no dispute that the Applicant has met some of the above conditions, as she is currently under the age of 18 years, has a U.S. citizen father, and was admitted to the United States as a lawful permanent resident. The remaining issues are (1) whether the Applicant has demonstrated that she is residing in the United States in her father's legal and ph…
JAN052024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 05, 2024
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The Applicant does not contest the U.S. Department of State's determination of inadmissibility under section 212(a)(2)(A) of the Act. 1 The only issue on appeal is whether the Applicant is eligible for a waiver of inadmissibility under section 2 l 2(h) of the Act. We have reviewed the entire record and conclude that he is not. The record reflects that the A…
JAN052024_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 05, 2024
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The Applicant does not contest admissibility on appeal. Accordingly, the sole issue on appeal is whether the Applicant has established extreme hardship to a qualifying relative as required for a waiver of inadmissibility under section 212(a)(9)(B)(v) of the Act. The record indicates that the Applicant entered the United States without inspection or admissio…
JAN052024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 05, 2024
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The Director determined that the Petitioner met the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A) and (B), but not (E) and (F). 3 The Director also conducted a final merits determination and concluded that the Petitioner's education and work experience was insufficient to establish she is an individual of exceptional ability in her field or industry. The Direct…
JAN052024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 05, 2024
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A. The Proposed Endeavor
The record shows that the Petitioner, a Brazilian native and citizen, worked in the IT field for various companies in her home country for more than eight years, from 2013 to 2022. During that time, she completed one university course in financial technology management in 2014 and another in project management and organizational pro…
JAN042024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 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). In denying the petition, the Director determined the Petitioner fulfilled only one (leading or critical role under 8 C.F.R. § 204.5(h)(3)(viii…
JAN042024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 2024
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The Petitioner's proposed endeavor is "to advance his career as an entrepreneur by establishing □ lin the United States, which will operate as a full-service audiovisual production company, focusing on providing high end visual storytelling services." The Petitioner also submitted a business plan which states: 1 See also Poursina v. USC1S, 936 F.3d 868 (9th…
JAN042024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 2024
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The Applicant was ordered removed from the United States on I l 2014. The Board of Immigration Ap=eals (the Board) dismissed her appeal on June 11, 2015, and she departed the United States onl ~ I, 2019. The Applicant became inadmissible under section 212(a)(9)(A)(ii) of the Act upon departing the United States, and she then filed her application for permis…
JAN042024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 2024
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A. The Proposed Endeavor
The record shows that, in 2012, the Petitioner earned a bachelor's degree in accounting in her home country of Brazil. An automotive company then employed her there for about six years as a tax analyst. The record indicates that a U.S. business has offered the Petitioner a job as an accounting manager. She stated that, in this role,…
JAN042024_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 2024
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As an initial matter, as ofO2023, the Applicant is no longer under the age of 18 years as section 322(a)(3) of the Act requires. Unfortunately, the Applicant is therefore ineligible for a Certificate of Citizenship under this statutory provision regardless of whether he may have fulfilled all the other requirements at section 322 of the Act before he was 18…
JAN042024_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 2024
—
The issue presented on appeal is whether the Applicant should be granted permission to reapply in the exercise of discretion. The record reflects that the Applicant entered the United States without being admitted on June 1, 2001, departed the United States on June 1, 2005, and subsequently reentered the United States without being admitted on March 26, 200…
JAN042024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 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 that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest.
A. The Proposed Endeavor
The record reflects that t…
JAN042024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 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…
JAN042024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 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. The Petitioner's initial cover letter indicated:. . . [The Petitioner] will help create new employment opportunities through his company [E-R-], therefore, thus, protecting his contribu…
JAN042024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 04, 2024
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The Petitioner proposes to lead and develop his business, .____________ _, as an entrepreneur and CEO. The company would provide financial consulting, loans, and collections services to small and medium-sized businesses. In his decision, the Director determined that the Petitioner is eligible for the EB-2 classification as a member of the professions holdin…
JAN032024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2024
—
We hereby incorporate by reference the procedural history and background as discussed in 1 ur prior decisions. We highlight the following as relevant to our analysis of the instant motion. In 2015, when the Petitioner was 18 years old, the district court inl lTexas issued an order 1 in "Suit Affecting Parent-Child Relationship" (SAPCR) and this order was th…
JAN032024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2024
—
A. Relevant Evidence and Procedural History The Petitioner filed her U petition in July 2016. In support of the filing, the Petitioner submitted a Supplement B that was blank but for the boxes indicating the victim's name and date of birth. The Supplement B was also signed in May 2016 by an unknown individual. The Petitioner also provided an incident report…
JAN032024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2024
—
We hereby incorporate by reference the background and procedural history as discussed in the Director's decision and highlight the following as relevant to our analysis. The Director determined
that the Applicant is inadmissible under section 212(a)(6)(C)(i) of the Act for making material misrepresentations in her 2014 non-immigrant visa application in ord…
JAN032024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 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 a labor certification, would be in the national interest. For the reasons discussed below, we conclude that the Pe…
JAN032024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 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 waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Petitioner's proposed employment is "develo in new col…
JAN032024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 03, 2024
—
The Director determined that the Petitioner is 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's proposed endeavor is to "create a new concept of primary care medicine; it will serve as an at home ser…
JAN022024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 02, 2024
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A. Motion to Reopen Contrary to motion-to-reopen requirements, the Petitioner does not state any new facts. We must therefore deny his motion to reopen. See 8 C.F .R . § I 03 .5(d) ("A motion that does not meet applicable requirements shall be dismissed.") B. Motion to Reconsider The Petitioner contends that we misanalysed evidence of his proposal's nationa…
JAN022024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 02, 2024
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A. Bona Fide Intention to Marry The first issue on appeal is whether the Petitioner and Beneficiary have a bona fide intent to marry within 90 days of the Beneficiary's admission to the United States. To establish eligibility, the Petitioner initially submitted letters of intent from himself and the Beneficiary, travel documentation regarding a trip the Pet…