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AUG312023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 31, 2023
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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…
AUG312023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 31, 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. The Petitioner initially provided a "Personal Statement" indicating: My experience as a pharmacist allows me to confidently and progressively improve wellness and quality of life…
AUG312023_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 31, 2023
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The Director's decision does not render a determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree and instead focuses on the Petitioner's eligibility for a national interest waiver.2 Therefore, the issue before us on appeal is whether the Petitioner has established that a waiver ofthe requirement of a j…
AUG302023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 30, 2023
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Lawful admission, as utilized at 8 C.F .R. § 245 .24(b )(2)(i), contemplates both procedural regularity and compliance with substantive legal requirements. See Matter of Longstaff, 716 F.2d 1439, 1441-42 (5th Cir. 1983) (holding that the term "lawfully admitted" at section 101(a)(20) of the Act, 8 U.S.C. § l 10l(a)(20), "denotes compliance with substantive…
AUG302023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 30, 2023
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The issue to be addressed in this decision is whether the Petitioner provided sufficient evidence demonstrating that the Beneficiary would be employed in an executive capacity. 1 The statutory definition of the term "executive capacity" focuses on a person's elevated position. Under the statute, a beneficiary must have the ability to "direct the management"…
AUG302023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 30, 2023
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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…
AUG302023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 30, 2023
—
A. Motion to Reopen The Petitioner's motion to reopen contains evidence already of record. Thus, contrary to 8 C.F.R. § 103.5(a)(2), the filing does not state new facts. We will therefore dismiss the motion. See 8 C.F.R. § 103.5(a)(4) (requiring USCIS to dismiss a motion that does not meet applicable requirements). B. Motion to Reconsider The Petitioner's m…
AUG292023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 29, 2023
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A. Motion to Reopen In our decision on appeal, we agreed with the Director and determined that the Petitioner had not established that her proposed endeavor was of national importance, and thus did not meet the first prong ofthe Dhanasar analytical framework. On motion, the Petitioner submits three reference letters and a copy of her personal or business pl…
AUG292023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 29, 2023
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A. Intent to Employ the Beneficiary in the Offered Job A business may file an immigrant visa petition if the petitioner is "desiring and intending to employ [a noncitizen] within the United States." Section 204(a)(l)(F) of the Act. A petitioner must intend to employ a beneficiary under the terms and conditions of an accompanying labor certification. See Mat…
AUG282023_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 28, 2023
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A. Relevant Facts and Procedural History Onl I2017, when the Petitioner was 19 years old, thel !Family Court in New York issued an order appointing the Petitioner's father as her guardian in guardianship proceedings brought under section 661 of the New York Family Court Act and section 1707 of the New York Surrogate's Court Procedure Act. The order stated t…
AUG282023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 28, 2023
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The Petitioner, a native and citizen of El Salvador, filed her U petition on March 27, 2017. With her U petition, the Petitioner submitted a Supplement B signed on July 12, 2016, by an official from the!District Attorney's Office (certifying agency). The Director issued a request for evidence (RFE) on June 24, 2022, which provided that the Supplement B was…
AUG282023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 28, 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…
AUG282023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 28, 2023
—
The Director made no determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree or as an individual ofexceptional ability. The decision only addressed the Petitioner's eligibility for a national interest waiver. Therefore, the issue for consideration on appeal is whether the Petitioner has established that…
AUG282023_05B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 28, 2023
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For the underlying petition, the Director determined that the Petitioner did not qualify for a national interest waiver under the Dhanasar framework. In support of the combined motions to reopen and reconsider, the Petitioner submitted her statement and re-submitted documentation provided with the petition. She claimed her previous counsel made errors and t…
AUG282023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 28, 2023
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The Petitioner proposes to establish a financial management and information technology consulting business in the United States having previously worked as a business analyst, test specialist, and project manager for the banking and finance industries in Turkey. He holds an undergraduate diploma in business administration froml !University in Turkey and a m…
AUG252023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2023
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A. EB-2 Visa Classification
As indicated above, the Petitioner must first demonstrate qualification for the underlying EB-2 visa classification as either an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 203(b )(2)(B)(i) of the Act. The Director determined that the Petitioner is a member ofth…
AUG252023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2023
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The Applicant initially established that she meets some ofthe requirements for issuance ofa Certificate of Citizenship under section 322 of the Act. A copy of the mother's Guyanese birth certificate and Certificate ofNaturalization show the mother became a U.S. citizen in January 1993. Birth certificates and a 2016 adoption order from Guyana show that Te Ap…
AUG252023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2023
—
The Applicant does not contest his inadmissibility, as described in the Director's decision, which we incorporate here. We begin by addressing a procedural issue the Applicant considers to be an error on the Director's part. The Applicant argues the Director failed to follow proper procedure in declining to issue a request for evidence (RFE) or notice ofint…
AUG252023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2023
—
In our previous decision, which we incorporate here by reference, we evaluated evidence in support of the claimed medical, emotional, and financial hardships to the Applicant's spouse, who is his only qualifying relative for the purposes of a waiver under section 212(i) of the Act. We determined that this evidence, which consisted of the Applicant's and his…
AUG252023_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2023
—
The Applicant is a citizen ofEcuador who claims to have entered the United States without inspection in 2000. In 2015, the Applicant was granted U nonimmigrant status as a victim of kidnapping and robbery. He timely filed the instant U adjustment application in April 2019. The record reflects that from 2008 through 2018 the Applicant was convicted of multip…
AUG252023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2023
—
The Applicant does not contest his inadmissibility, as described in the Director's decision, which we incorporate here. We begin by addressing a procedural issue the Applicant considers to be an error on the Director's part. The Applicant argues the Director failed to follow proper procedure in declining to issue a request for evidence (RFE) or notice ofint…
AUG242023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2023
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The Petitioner is a television and film director and producer. She holds a master of science degree in cinematography and television production from the .-I------,IUniversity of Culture and Arts
L I
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that she received a major, internationally recognized award, she must satisfy…
AUG242023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2023
—
As noted above, the Petitioner submits combined motions to reopen and motion to reconsider. We will address the respective motions separately below. A. Motion to Reopen Initially, the Petitioner described the proposed endeavor as a plan "to continue his work on conducting external configuration analysis for aircraft engines." On the Form I-140, Immigrant Pe…
AUG242023_02B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2023
—
A petitioner must demonstrate its continuing ability to pay an offered position's proffered wage, from a petition's priority date until a beneficiary obtains permanent residence. 8 C.F.R. § 204.5(g)(2). This petition's priority date is January 21, 2020, the date DOL accepted the labor certification application for processing. See 8 C.F .R. § 204.5(d) ( expl…
AUG242023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 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 P…