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OCT202023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 20, 2023
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The Petitioner is a medical doctor who completed a post-graduate specialization and residency in orthopedics and traumatology in 2016. His professional experience includes both clinical practice as a hospital-based consulting physician in this specialty, and academic experience as a lecturer and associate professor. At the time of filing, he was also enroll…
OCT202023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 20, 2023
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The Petitioner earned a bachelor's degree in law from a Brazilian university in 2012. According to the Petitioner's resume, he currently works in Brazil as a lawyer and CEO ofl I specializing in tax, business, and real estate law. In addition, he works as an investment consultant and co-owner, with his father, o~ IFlorida. The Petitioner entered the United…
OCT202023_02H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 20, 2023
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The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing the United States. 1 Because she has an outstanding order ofremoval, she will be inadmissible under section 212(a)(9)(A)(ii) of the Act once she departs. 2 The Director determined that upon departur…
OCT192023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2023
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As it relates to 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's cover letter stated: [The Petitioner's] vast experience as a Civil Engineer and Project Manager, her completion of dozens of highly important…
OCT192023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2023
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A. Relevant Facts and Procedural History In May 2016, the Petitioner filed her U petition with a Supplement B signed and certTed by I supervising Deputy District Attorney in thd ICounty District Attorney's Office in California (certifying official). The certifying official checked a box indicating that the Petitioner was the victim of criminal activity invo…
OCT192023_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2023
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The Derivative was born in Honduras in LJ2000. The Petitioner, her father, was granted U nonimmigrant status and subsequently became an LPR in August 2019. He filed the instant U immigrant petition on behalf of the Derivative in October 2019. USCIS approved the U immigrant petition in December 2020. The Derivative filed her U adjustment application in March…
OCT192023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2023
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 2 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. The Petitioner did not provide his job title on the pr…
OCT192023_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2023
—
The Applicant was granted U-1 nonimmigrant status from December 2017 to December 2021. He filed his U adjustment application in October 2020. The Director determined that the Applicant was not eligible to adjust his status to that of a lawful permanent resident because, at the time of filing his U adjustment application, he did not demonstrate his physical…
OCT192023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2023
—
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…
OCT192023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2023
—
As it relates to 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's cover letter stated: Based on his solid background of more than 25 years of experience, moving through different but related professional sect…
OCT192023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2023
—
As it relates to 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's cover letter stated:. . . [The Petitioner] endeavors to provide premium-quality mediation and conciliation services as well as court represent…
OCT182023_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
—
The Applicant, a native and citizen of Guatemala, was granted U nonimmigrant status valid from October 2016 to October 2020. He filed his U adjustment application in October 2020 and the Director denied the application based on a determination that the Applicant had not established by a preponderance of the evidence that his continued presence in the United…
OCT182023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
—
The Director determined that the Petitioner was a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that she has more than 20 years of experience in sales of health insurance and commercial managem…
OCT182023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
—
The Beneficiary, a Kenyan native and citizen, solely owns the Petitioner and its affiliate. The affiliate, which sells African art and home decor, has purportedly employed him in South Africa as its director/owner since October 2013. 1 The petitioning limited liability company, established in October 2022, seeks to expand the affiliate's business in the Uni…
OCT182023_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
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A. 0-2 Beneficiaries
The regulation at 8 C.F.R. § 214.2(0)(2) provides that "0-2 aliens must be filed for on a separate petition from the 0-1 alien." 1 However, at initial filing, the Petitioner filed for the 0-1 Beneficiary and five accompanying 0-2 Beneficiaries on the same petition. In response to the Director's request for evidence (RFE), the Petitioner…
OCT182023_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
—
A. Relevant Facts and Procedural History The Petitioner filed the instant orphan petition on behalf of the Beneficiary, a citizen of Nigeria, in August 2019. The Petitioner claimed that the Beneficiary met the definition of an orphan as a child who "has no parents due to ... abandonment ... by ... both parents." The Director approved the orphan petition in…
OCT182023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
—
The Petitioner proposes to work as a cross-cultural leadership specialist having earned a title of teaching certificate in language arts from Universidadel Iin Brazil and a masters of business administration froml IUniversity in the State of Georgia. The record shows she has worked in education and at the time of filing the petition was working tori !Univer…
OCT182023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The record reflects that determination.2 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. T…
OCT182023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
—
The Director determined that the Petitioner established his eligibility as a member of the professions holding an advanced degree. The issue on appeal is whether the Petitioner is eligible or otherwise merits a waiver of the classification's job offer requirement. The Director concluded the Petitioner did not establish that a waiver of the requirement of a…
OCT182023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2023
—
The Petitioner proposes to work as a construction manager for her new construction and civil engineering services business,~-------~ in Florida. The Director determined that the Petitioner established her eligibility as a member of the professions holding an advanced degree.3 However, the Director concluded the Petitioner did not establish that a waiver of…
OCT172023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2023
—
The Petitioner claims that he was born in Vietnam inl I1997. The record indicates that he last entered the United States in February 2015 as an F-1 student. Inl 12017, when the Petitioner asserts that he was 20 years old, the New York Family Court forl ICounty (Family Court) appointed M-N- 2 as the Petitioner's guardian pursuant to proceedings brought under…
OCT172023_01D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2023
—
Upon de novo review on appeal, we conclude that a remand is warranted in this matter. The Director's decision to revoke the petition's approval did not follow proper revocation procedures. The Director did not cite to one of the revocation criteria enumerated at 8 C.F.R. § 2 l 4.2(h)(l l )(iii)(A)( 1)-( 5) as the basis for revocation in their decision. The…
OCT172023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2023
—
The Director found the Applicant inadmissible for fraud or misrepresentation because she entered the United States in 2000 with a photo altered passport and visa. The Applicant does not contest the finding of inadmissibility. The issue on appeal is whether the Applicant has established extreme hardship to her U.S. citizen spouse and if so, whether she merit…
OCT172023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. 3 Therefore, the sole 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 Direc…
OCT172023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2023
—
The Director's decision did not render a determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree or as an individual of exceptional ability. Instead, the decision only addressed the Petitioner's eligibility for a national interest waiver. Therefore, the issue for consideration on appeal is whether the P…