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SEP152023_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2023
—
The Applicant, a national of Guatemala, is the beneficiary of an approved Form I-130, Petition for Alien Relative, his U.S. citizen spouse filed on his behalf. He currently resides in the United States and seeks conditional approval of his request for permission to reapply for admission under the regulation at 8 C.F.R. § 212.2(j) before he departs. 1 The Ap…
SEP152023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2023
—
The Director determined that the Applicant is inadmissible to the United States for fraud or misrepresentation because he obtained his visitor visa by fraudulent means. The Applicant does not contest this determination. 1 The issues on appeal are whether the Applicant has established extreme hardship to his qualifying relative and, if so, whether he merits…
SEP152023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 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…
SEP152023_02D2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2023
—
The sole issue in this matter is whether the LCA corresponds with the H-lB petition. To make that determination, we must assess whether the Petitioner properly selected a Level I ( entry-level) wage on the LCA for the proffered position of software developer. In its LCA, the Petitioner selected the Level I wage based on the proffered position's job requirem…
SEP152023_03H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2023
—
The Applicant is currently in the United States and seeks advance permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing from the United States to obtain an immigrant visa abroad. He does not contest that he has an outstanding order of removal and will be inadmissible under section 212(a)(9)(A)(ii) ofthe Act o…
SEP142023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2023
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The Petitioner has been employed since 2016 as a lecturer for the University I'----------.==!...I1.:..:·n:......:.:th.:..:e~D=---.:.ei:.partment of Chemistry and Biochemistry. He received his Ph.D. in biochemistry froml IUniversity. He indicates his intention to continue his work in the same field in the United States. Because the Petitioner has not indicat…
SEP142023_01B4203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2023
—
The petitioner must be given the opportunity to offer evidence in support of the petition or self-petition and in opposition to the grounds alleged for revocation of the approval. 8 C.F.R. § 205 .2(b ). A decision to revoke approval of a visa petition can only be grounded upon, and the petitioner is only obliged to respond to, the factual allegations specif…
SEP142023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2023
—
The Petitioner proposes to work as an entrepreneur establishing and operating his own heating, ventilation, and air conditioning (HVAC) company. The Director found that the Petitioner did not establish that he is either an advanced degree professional or that he is an individual of exceptional ability and, as such, did not establish qualification for the EB…
SEP142023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2023
—
The Petitioner, a citizen and national of Ghana, entered the United States as a visitor in 2004 and has not departed. The Petitioner married L-N-, a U.S. citizen, inl I2006 but divorced in I I 2007. Following his divorce, he married N-R-, a U.S. citizen, and filed the current VAWA petition based on that relationship. The Petitioner filed his first VA WA pet…
SEP142023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2023
—
The Director issued a request for evidence (RFE) in this case because the Petitioner did not submit the required initial evidence. The Petitioner responded to the RFE with supporting documentation including letters attesting to the Beneficiary's two-year membership in the church and qualifying two years of religious work experience, proof of the Beneficiary…
SEP142023_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2023
—
A. Procedural History
The Petitioner filed this orphan petition on behalf of the Beneficiary, a citizen of Nigeria, in October 2020. The Petitioner claimed that the Beneficiary met the definition of an orphan as a child who "has no parents due to death or disappearance of, abandonment or desertion by, or separation or loss from both parents." After receipt…
SEP142023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2023
—
We will first address the threshold requirement that the Petitioner must qualify for classification under Section 203(b )(2)(B)(i) of the Act, as the Director did not make a finding on this issue. 1 See also Poursina v. USC1S. No. 17-16579, 2019 WL 4051593 (Aug. 28, 2019) (finding USCIS' decision to grant or deny a national interest waiver to be discretiona…
SEP142023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 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…
SEP142023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2023
—
The Petitioner proposes to continue her career as a production and manufacturing engineer by establishing and operating a management consulting company,~---------~ She states that this company will provide "product development, quality control, and manufacturing process enhancement consultancy" to small-and medium-sized companies in the United States. The D…
SEP132023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
On motion, the Petitioner contests the correctness of our prior decision. In support of the motion, the Petitioner asserts that we incorrectly applied the regulation at 8 C.F.R. § 204.5(h)(3)(viii), the criterion for EB-1 eligibility requiring evidence that the individual has performed in a leading or critical role for organizations or establishments that h…
SEP132023_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
The Petitioner seeks to employ the Beneficiary as an engineer, focusing on the development of simulation tools for high efficiency diesel engine analysis. In his decision, the Director determined that the Beneficiary met three of the evidentiary criteria under 8 C.F.R. § 204.5(i)(3)(i) pertaining to his authorship of scholarly books and articles, original s…
SEP132023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
The
Director determined that the Petitioner qualifies for the EB-2 classification as an advanced degree professional and the evidence in the record supports that conclusion. Therefore, the issue 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 intere…
SEP132023_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
A. Two-Year In-Person Meeting Requirement
Since the Petitioner does not claim that he and the Beneficiary met in person in the two years preceding the filing of the petition, the issue on appeal is whether he should be exempted from this requirement as a matter of discretion. The Form I-129F, Petition for Alien Fiance(e) in this case was filed on May 21, 20…
SEP132023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
The record reflects that inl 12008 the Applicant was arrested and charged with "indecent assault and battery on person fourteen or older" in violation of Massachusetts General Laws (Mass. Gen. Laws) ch. 265 § 13H. The judge accepted the Applicant's admission to the facts underlying the charge and found that those facts were sufficient to support a convictio…
SEP132023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
The Applicant does not contest his inadmissibility finding on appeal and we incorporate the Director's inadmissibility finding here, by reference. 1 The Applicant claimed that his spouse will experience extreme emotional and financial hardship if he were to be removed from the United States. With his initial application, the Applicant provided a statement f…
SEP132023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 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…
SEP132023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
The Petitioner is a financial analyst seeking to demonstrate eligibility in the EB-2 classification based on their exceptional ability. A Petitioner must demonstrate expertise significantly above that ordinarily encountered to show that they are of exceptional ability. In support, the Petitioner submitted an official academic record showing that they had ea…
SEP132023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The record supports that conclusion. 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 r…
SEP132023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
A. Categorial Ineligibility for EB-2 Classification In the first instance, we conclude that the Petitioner has not provided relevant, material, or probative evidence to demonstrate their categorical eligibility for classification as an EB-2 immigrant. So we withdraw the Director's conclusion that the Petitioner is qualified for EB-2 immigrant classification…
SEP132023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 13, 2023
—
The Petitioner proposes to work as a health educations ecialist and as the chief financial officer for her new health and safety solutions business in Florida. She earned the title of license in ph~sical education from I Jin Brazi I and subsequ._e_n-tl_y_w_o_r_k-ed-in-ed_u_c_a-ti_o_n-a-nd-in-hu-m-an-re_s_o_u-rc_e_s_fo_r_h_e_a-lt_h_a_n__,d ergonomics. The Di…