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JUL282023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2023
—
The record shows that the Petitioner, a national of Uzbekistan, married S-K-, 1 a U.S. citizen, in I I 2015. In July 2019, she filed the instant VA WA petition based on this marriage, representing that she and S-K- resided together from May 2013 through January 2017. 2 The Director subsequently issued a notice of intent to deny the VA WA petition, advising…
JUL282023_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2023
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A. Relevant Facts and Procedural History In May 2016, the Petitioner filed his U petition with a Supplement B (first Supplement B) signed and certified by a lieutenant from the Police Department ofl ICalifornia (certifying official). The certifying official checked box indicating that the Petitioner was the victim of criminal activity involving or similar t…
JUL282023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2023
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The Director determined that the Applicant is inadmissible to the United States for fraud or misrepresentation, because she attempted to enter the United States in 1996 as an impostor. The Applicant does not contest this determination. 1 The issues on appeal are whether the Applicant has established extreme hardship to her qualifying relative and, if so, wh…
JUL282023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2023
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The record reflects that the Petitioner is an assistant professor and researcher in the field of computer science with research interests in the areas of Latent Semantic Indexing (LSI) based information retrieval, the semantic web, and data mining. He completed his bachelor's and master's degrees in computer enrneering at a Chinese university and received h…
JUL272023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2023
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Because the Petitioner has not indicated or established that the Beneficiary has received a major, internationally recognized award, she 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 acknowledged that the Beneficiary met the criteria relating to judging and authorship…
JUL272023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2023
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The record shows the Petitioner obtained the foreign equivalent of a bachelor of science degree in physical education, followed by at least five years ofprogressive experience as a martial arts instructor. Therefore, the Petitioner qualifies for the EB-2 classification as an advanced degree professional. The Petitioner proposes to establish a martial arts a…
JUL272023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2023
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The Petitioner, a citizen and national of Nigeria, entered the United States in August 2016 with a visitor visa. He married T-P-1, a U.S. citizen, inc=]2017. The Petitioner had previously been married to O-L- in Nigeria but claims that the marriage was terminated two days prior to his entry in I 12016. The Director determined that the documents provided as…
JUL262023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2023
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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 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 Petitioner endeavors to become an entr…
JUL262023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2023
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The primary issue we will address is whether the Petitioner demonstrated that the Beneficiary has at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition, as required by 8 C.F.R. § 214.2(1)(3)(iii). This foreign employment requirement is only satisfied by the time…
JUL262023_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2023
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A. Revocation of the Petition In his decision to revoke the petition, the Director explained that text and photographs from the book I !which the Petitioner claimed to have authored appeared in an article bearing the same title on the website www.medium.com, and that it contained no publishing information or other features typically appearing in books. The…
JUL262023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2023
—
The Director concluded that the record does not satisfy at least three of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii) and, therefore, the Petitioner is not eligible for second preference classification. More specifically, the Director found that the record satisfies the criteria at 8 C.F.R. 2
§ 204.5(k)(3)(ii)(A) and (C) but that the…
JUL262023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2023
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Unless accompanied by an application for Schedule A designation or evidence of a beneficiary's qualifications for a shortage occupation, a petition for an advanced degree professional must include a valid individual labor certification. 8 C.F.R. § 204.5(k)(4)(i). A labor certification remains valid only for the noncitizen, particular job opportunity, and ge…
JUL252023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2023
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A. Procedural Background
The Applicant, a native and citizen of Mexico, was granted U-3 nonimmigrant status from June 2013 until June 2017. The Applicant timely filed the instant U adjustment application in July 2016. As indicated previously, the Applicant bears the burden of establishing that he merits a favorable exercise of discretion on humanitarian gro…
JUL252023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2023
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The Director determined that the Petitioner did not meet its burden of proof to establish that the Beneficiary had been employed abroad in a managerial capacity. The Petitioner did not claim that the Beneficiary had been employed abroad in an executive capacity."Managerial capacity" means an assignment within an organization in which the employee primarily…
JUL252023_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2023
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On the appellate Form 1-290B, the form contains a word processor generated "signature" under Part 4 8.a in the Petitioner's signature block. We conclude that this is a word processor generated "signature" because it is of a type and variety commonly recognized as the "default" for word processor generated"signatures" in the same style and font. Moreover, th…
JUL252023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2023
—
The Director concluded that the Petitioner's substantially meritorious proposed endeavor did not rise to a level of national importance as required by Dhanasar 's first prong. On appeal, the Petitioner contends that the Director did not evaluate all the submitted evidence under the preponderance of the evidence standard and instead imposed "novel substantiv…
JUL252023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2023
—
A. Motion to Reopen The Petitioner has not provided us with new facts warranting reopening the proceedings here. We interpret "new facts" to mean those that are relevant to the issues raised on motion and that have not been previously submitted in the proceeding. Reasserting previously stated facts or resubmitting previously provided evidence does not const…
JUL252023_04B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2023
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree in horticulture sciences.2 The sole 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 Director determined that the Pe…
JUL252023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2023
—
We will first address whether the Petitioner has established that a waiver of the job offer requirement, and thus of the labor certification, would be in the national interest. The Director concluded that the Petitioner's substantially meritorious proposed endeavor did not rise to a level of national importance as required by the first prong of Dhanasar. Th…
JUL242023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2023
—
The Petitioner claims employment as a ostdoctoral researcher in the field ofmolecular biolo at the ~partment of Agriculture's._________ ..,....____________ --,-_____. m L__J Illinois. He received his Ph.D. in science from.__ ____________ _. niversity. He indicates his intention to continue his work in the same field in the United States.
A. Evidentiary Cri…
JUL242023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2023
—
A. The Motion to Reconsider The Petitioner does not allege that our prior decision misapplied law or USCIS policy. See 8 C.F.R . § 103.5(a)(3) ("Requirements for motion to reconsider"). Rather, she claims eligibility for the requested immigrant visa category based on new evidence. As the motion to reconsider does not meet applicable requirements, we must di…
JUL242023_01B6203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2023
—
USCIS cannot approve a visa petition for a noncitizen who has attempted or conspired to enter into a marriage "for the purpose ofevading the immigration laws." Section 204( c) ofthe Act. Even iflegally valid where it occurred, a marriage "entered into for the primary purpose of circumventing the immigration laws" permanently bars approval of a visa petition…
JUL242023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2023
—
The Petitioner, a citizen and national of Nigeria, entered the United States as a non-immigrant visitor in July 2017. After entering the United States, the Petitioner divorced her prior spouse, A-A- 1, and married J-F-, a U.S. citizen. She filed the current VA WA petition based on her marriage to J-F-. The Director determined that the Petitioner's initial D…
JUL242023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2023
—
The Petitioner claims that she was born in Afghanistan inl I1998. With her SIJ petition, the Petitioner included a June 2014 court order titled FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER, showing that the Superior Court of the Family Court (Family Court) stated that the Petitioner's date of birth is in 1998, concluded that she had been subjected to negle…
JUL242023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 24, 2023
—
A. Relevant Evidence
The Petitioner was attacked in his home in 2014. He contacted police, who arrested his assailant and initiated criminal proceedings. The Petitioner then filed a U petition in 2015. The Petitioner has provided two different Supplement B certifications. The first, initially submitted with the petition in 2015, was completed by the I !Poli…