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JUN302023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 30, 2023
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The record shows that the Petitioner's parent company, also an investment holding firm, formed in Singapore in 2017. The parent began employing the Beneficiary, a native of China and citizen of Cyprus, as its general manager in December 2017. The following year, he became the parent's president. The parent owns a majority of the Petitioner, a U.S. limited l…
JUN302023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 30, 2023
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Although the Applicant has submitted new facts and legal arguments sufficient to meet the motion to reopen and motion to reconsider requirements, the evidence in the record is ultimately insufficient to establish his eligibility. A. The Applicant Has Not Established Extreme Hardship to his U.S. Citizen Spouse We have taken into consideration the new documen…
JUN302023_02B4203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 30, 2023
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As noted, the Director concluded that the Petitioner did not establish that the Beneficiary was employed abroad or would be employed in the United States, in a managerial capacity as defined at section 10l(a)(44)(A) of the Act, 8 U.S.C. § 1101(a)(44)(A). The Director's conclusion was based primarily on a determination that the Petitioner "did not address US…
JUN302023_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 30, 2023
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A. Relevant Facts and Procedural History The Applicant entered the United States in April 1993 without inspection or admission, and she contends she has not departed since that entry. Inl 12003, the Applicant was charged with Retail Theft inl IIllinois. She signed an agreement with the I I State's Attorney's Office Second Chance Program in which she agreed…
JUN292023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2023
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The Petitioner intends to establish a consulting business,__________ ___. based in Florida that will provide services such as financial planning and business management in the agribusiness sector. The Director found that the Petitioner qualifies for EB-2 classification as an advanced degree professional, based upon obtaining the foreign equivalent ofa bache…
JUN292023_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2023
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Because the Petitioner has not indicated or shown that he received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i) (x). The Petitioner claimed to have satisfied six of these criteria, relating to awards for excellence, published material about him, participation as…
JUN292023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 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…
JUN292023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2023
—
Regarding 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 provided a personal statement indicating: My proposed endeavor is to continue my career in the United States as an Entrepreneur/Business Developer. Spe…
JUN292023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2023
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A. Member of the Professions Holding an Advanced Degree In order to show an individual is a professional holding an advanced degree, the petition must be accompanied by "[a ]n official academic record showing that the alien has a United States advanced degree or a foreign equivalent degree." 8 C.F.R. § 204.5(k)(3)(i)(A). Alternatively, the Petitioner may pr…
JUN272023_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2023
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The Petitioner proposes to work in the United States as a home healthcare nurse. She earned a diploma specializing in nursing froml IInstitute in Uzbekistan in 1988 and has worked as a nurse and home health nursing assistant. The Director determined that the Petitioner established her eligibility as a member of the professions holding an advanced degree, ho…
JUN272023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2023
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A. Relevant Evidence and Procedural History In c;i2019, when the Petitioner was 17 years old, the Juvenile and Domestic Relations District Court,_ IVirginia (juvenile court) issued a custody order finding the Petitioner under its jurisdiction under Virginia Code section 20-l 46.12(A)(l). The custody order stated the Petitioner was a minor child under the st…
JUN272023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2023
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The issues on appeal are: (1) whether the Applicant has demonstrated that she is not inadmissible under section 212(a)(9)(C)(i)(II) of the Act, and if so, (2) whether approval of her request for permission to reapply for admission is otherwise warranted in the exercise of discretion. We have reviewed the entire record, as supplemented on appeal, and for the…
JUN272023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2023
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The Director concluded that the record satisfies three of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii). More specifically, the Director found that the record satisfies the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A), (B), and (E), the only three criteria for which evidence was submitted. However, 2
the Director concluded that the record…
JUN272023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2023
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The Petitioner proposes to establish an industrial engineering consulting business in the United States having worked as a professor, researcher, and coordinator of post-graduate studies in Venezuela. The Petitioner provided her academic diplomas to demonstrate qualification for the underlying EB-2 visa classification as an advanced degree professional. The…
JUN262023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2023
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The Petitioner claims to have worked as a director, screenwriter, and creative producer in the television and entertainment industry in Russia.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he has received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at…
JUN262023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2023
—
The Director
determined that the Petitioner qualifies as a member ofthe professions with 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. The Petitioner intends to own and operate an assisted l…
JUN262023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2023
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The sole ground for the Director's decision to deny the petition was the Petitioner's inability to establish that the Beneficiary had been continuously employed as a religious worker in a full time, compensated position for at least the two years immediately preceding the filing of the petition. In this case, that period began on May 7, 2020 and ended on Ma…
JUN262023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2023
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A. The Motion to Reopen Contrary to regulatory requirements, the Applicant's motion to reopen does not demonstrate their eligibility for the requested waiver. The Applicant's seven-line brief proffers a "lengthy personal letter" from the Applicant "with more information as to what really happened between the period between [sic] July 2014 and March 2015." T…
JUN262023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2023
—
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 first prong, substantial merit and nat…
JUN262023_03C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 2023
—
The record reflects that the Petitioner turned 18 years old ipo21. A month later, in~2021, the General Court of Justice in the District Court Division of !North Carolina (District Court) issued a child custody order (SIJ order), finding that it had jurisdiction over the Petitioner's custody "pursuant to the provisions ofNorth Carolina General Statutes§ S0A-…
JUN262023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 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 provided a personal statement indicating: I would very much like to be able to continue my work as a Master Trainer at the I I studio, a place t…
JUN262023_04H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 26, 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 his spouse, as required to qualify for a waiver of inadmissibility under section 212(i) of the Act and, if so, whether he merits t…
JUN232023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2023
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A. Eligibility for the Underlying Visa Classification The Director determined that the Petitioner qualifies as a member ofthe professions holding an advanced degree. The Petitioner initially applied as an individual ofexceptional ability and submitted documents to meet three ofthe six criteria pursuant to 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F), but the Director…
JUN232023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2023
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The Petitioner asserted that on September 16, 2016, she invested $500,0001 inl I 1----------~l~the new commercial enterprise (NCE), which is associated with I I~---------~Ipursuant to the Immigrant Investor Pilot Program. According to the Confidential Private Placement Memorandum of the NCE, the NCE proposed to pool $50,000,000 from 100 immigrant investors…
JUN232023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2023
—
The Petitioner filed the Form 1-360, Petition for Amerasian, Widow or Special Immigrant, on April 24, 2020. With the filing, the Petitioner submitted evidence that the Beneficiary has been working continuously in a full-time compensated religious worker position immediately preceding the filing of the petition, from April 24, 2018, to April 23, 2020, includ…