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OCT032023_01H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 03, 2023
—
The Applicant, a native and citizen ofGuatemala, filed the instant Form I-601, Application for Waiver of Grounds of Inadmissibility (waiver application), in November 2020, as he was informed that he was inadmissible under sections 212(a)(2)(A)(i)(I) and 212(a)(9)(B)(i)(II) ofthe Act, for a conviction of a CIMT and for departing and again seeking admission a…
OCT032023_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 03, 2023
—
Tie Applyant was convicted of Robbery of the Socialist Property in Albania for events that occurred in 1989. According to the criminal documents provided, the Applicant and an accomplice were witnessed attempting to steal watermelons from a collective farm when they were approached by the three guards. The Applicant threatened to kill the guards if they cam…
OCT032023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 03, 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 of a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has n…
OCT022023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 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…
OCT022023_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 2023
—
At initial filing, the Petitioner submitted an "AGENT - RESEARCHER IN ANIMAL SCIENCE REPRESENTATION AGREEMENT," signed by both the Petitioner and Beneficiary. Specific terms include: • The Beneficiary "agrees to retain [the Petitioner] ... in connection with the matter of representation in contracts and negotiations thereof as a RESEARCHER." • The Petitione…
OCT022023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 2023
—
The Petitioner stated that he "has made an original business-related contribution of major significance to the field of Enterprise Resource Planning - Business Management Software." He further indicated that he intends "to continue working in the field ofERP - Business Management Software and develop new programs and software to improve client operations."…
OCT022023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 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…
OCT022023_02D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 2023
—
Because the Petitioner did not indicate or establish the Beneficiary has received a major, internationally recognized award, it must demonstrate the Beneficiary satisfies at least three of the alternate regulatory criteria at 8 C.F.R. § 214.2(o)(3)(iii)(B)(l)-(8). The Director determined the Beneficiary fulfilled only one criterion, high salary under 8 C.F.…
OCT022023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 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…
OCT022023_03H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 2023
—
The Applicant does not contest the finding of inadmissibility for misrepresentation of material facts, which is established in the record. The relevant issue on appeal is whether the Applicant has established extreme hardship to her spouse, as required to qualify for a waiver of inadmissibility under section 212(i) of the Act and, if so, whether she merits…
OCT022023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 2023
—
The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree. Therefore, the sole issue to be addressed is whether the Petitioner has established that a waiver of the job offer requirement, and thus of a labor certification, would be in the national interest. In denying the petition, the Director addressed…
OCT022023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 02, 2023
—
The Director determined that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree. 3 Therefore, the remaining issue before us on appeal is whether the Petitioner has established that a discretionary waiver of the requirement of a job offer, and thus a labor certification, would be in the n…
SEP272023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2023
—
The Petitioner started surfing at the age of 11 and entered the competitive surfing arena at the age of 16. During her career she has participated in various surfing events, including those sponsored by the International Surfing Association (ISA) - at the world junior surf competition, the Brazilian Association of Professional Surfing (ABRASP), and the Prof…
SEP272023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2023
—
We agree with the Director that the evidence submitted on motion did not overcome the adverse credibility inference and the record does not establish that the Beneficiary possesses two years of qualifying religious work experience. However, we will withdraw the Director's decision that the Petitioner has not submitted verifiable evidence of its intent to co…
SEP272023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2023
—
The Petitioner was born in El Salvador in.c=]2000. The record shows that he and his mother came to the United States in October 2016. rnL_J2021, when the Petitioner was still under 21 years of age, the Circuit Court forl !County, Maryland, Family Division (Family Court) issued
an order titled ORDER REGARDING FACTUAL FINDING PURSUANT TO MD FL§ 201(b)(10)
(S…
SEP272023_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2023
—
The issues on appeal are whether the Applicant has overcome the Director's determination concerning her inadmissibility for fraud or misrepresentation and, if so, whether she merits a favorable exercise of discretion. Upon review of the record as supplemented on appeal, we conclude that it does not support a conclusion that the Applicant is inadmissible for…
SEP272023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 27, 2023
—
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. The first prong, substantial…
SEP262023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
The Director determined that the Petitioner did not establish that the Beneficiary has been employed abroad in a managerial or executive capacity. On appeal, the Petitioner states: "We do not contest that the beneficiary is not eligible [ for classification] as a multinational manager or executive." The Petitioner's appeal is limited to disputing the Direct…
SEP262023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
In November 2022, the Petitioner filed the present petition, seeking to sponsor the Beneficiary for an immigrant visa. The Director issued a request for evidence (RFE) requesting documentation showing that the Petitioner has the ability to pay the proffered wage. After receiving the Petitioner's response, the Director denied the petition on the ground that…
SEP262023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
The record shows that the Petitioner, a national of Georgia, entered the United States as a temporary nonimmigrant visitor in February 2018, and that he married S-S-, 1 a U.S. citizen, inl 12018. 2 In April 2019, the Petitioner filed the instant VA WA petition based on this marriage, claiming that he and S-S-resided together from the day of their wedding ce…
SEP262023_01D7101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
In denying the petition, the Director concluded the Petitioner did not establish it would employ the Beneficiary in a managerial capacity. The Director concluded that the Petitioner did not provide a sufficiently detailed description of the Beneficiary's job duties and did not submit sufficient evidence in support of its claim that he has the required autho…
SEP262023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
In order to show that he derived U.S. citizenship through his naturalized U.S. citizen mother under section 320 of the Act, the Applicant must establish that at some point before his 18th birthday in I I 2022, he was residing in the United States in the legal and physical custody of his naturalized U.S. citizen mother, pursuant to his lawful admission for p…
SEP262023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
The Petitioner earned a bachelor's degree in business administration in Brazil in 2008. In 2001, she began working at an English-language school in Brazil, first as an administrative assistant, then as an assistant director and, finally, business manager. She worked at the school until she entered the United States in 2019 as a B-2 nonimmigrant visitor, lat…
SEP262023_02D7101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
The Director determined that the Petitioner did not establish that it will employ the Beneficiary in a managerial or executive capacity in the United States. The Petitioner specifies that the position will be managerial, rather than executive, and therefore we need not consider the requirements for an executive capacity."Managerial capacity" means an assign…
SEP262023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2023
—
An advanced degree professional must have an advanced degree or its equivalent. Section 203(b)(2)(A) of the Act. The term "advanced degree" means: any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of…