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APR032023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 03, 2023
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A. Procedural History
The Director determined that the Petitioner was a member of the professions holding an advanced degree and we agreed on appeal. 1 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. If a petitioner demonstrates eligibility for the underlying EB-2 classifi…
APR032023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 03, 2023
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The Petitioner indicated on page 2 of her petition that she invested $500,0001 in I I lthe new commercial enterprise (NCE), on September 21, 2016. According to the business plan of the NCE, the NCE intends to develop, construct, and operate I I a Mexican restaurant, inl North Carolina. The Petitioner asserted that she derived her investment funds through a…
APR032023_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 03, 2023
—
We incorporate our previous decisions here by reference, and will only repeat certain facts when necessary to address the Applicant's arguments on motion. We previously determined that the
Applicant did not establish her alleged trafficker, F-M-, 1 obtained or harbored her for the purpose of subjecting her to sex trafficking and peonage, as she claimed. In…
APR032023_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 03, 2023
—
According to pages 4 and 5 of the petition, the Petitioner seeks to continue to employ the Beneficiaries to work as "Indoor Soccer Player[s]." The record includes an executed "2021-22 Standard Contract Major Arena Soccer League [MASL] Professional Players," that substantiates that Beneficiaries ___________ will receive a monthly wage of $2,200 and $2,000, r…
APR032023_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 03, 2023
—
The Petitioner asserted that she invested $500,0001 into ______ the new commercial enterprise (NCE), from September 23, 2016 to 2017. According to the business plan of the NCE, the NCE intends to develop, own, and operate al I franchise restaurant inl I California. On page 2 of her petition, the Petitioner indicated that she owns 100% of the NCE. 1 On March…
APR032023_03B7203
Accepted
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 03, 2023
—
The Petitioner indicated on a e 6 of her petition that on August 30, 2018, she invested $500,0001 in the new commercial enterprise (NCE), which is associated with EB5 According to the Confidential Offering Memorandum (OPM), the NCE will raise up to $125 million from up to 250 immigrant investors and lend the entire amount to ________ the job-creating entity…
MAR312023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2023
—
The record reflects that the Petitioner, a native of Australia, has been working as a model since 2012 and is currently represented by agencies in Australia, New Zealand, and New York. Her modeling experience includes runway, print and commercial work, most notably Fashion Week appearances in New York, London, Milan and Paris, magazine covers and editorial…
MAR312023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2023
—
The Beneficiary works in the United States for the Petitioner, a subsidiary of his purported former employer in Uruguay. Thus, the Petitioner must demonstrate that its Uruguayan parent employed the Beneficiary abroad for at least one year "in the three years preceding [his U.S.] entry as a nonimmigrant." See 8 C.F.R. § 204.5(i)(3)(i)(B). His entire year of…
MAR312023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 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…
MAR312023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2023
—
In January 2016, the Petitioner filed the instant U petition with a Supplement B signed and certified by thel I County District Attorney's Office, as well as other documentation claiming he was
the victim of robbery under section 160.10 of the New York Penal Law (NYPL) and that it was substantially similar to felonious assault as defined by federal law. Th…
MAR312023_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2023
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The Applicant, a native and citizen of Mexico, entered the United States without admission or parole in 2003, when she was three years old. The Applicant's mother filed a Form 1-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient (U derivative petition), on her behalf and in May 2017, the Director approved the Applicant's mother's peti…
MAR312023_02B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2023
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The Director denied the petition based on a finding that the Petitioner did not establish that it has a qualifying relationship with the Beneficiary's foreign employer.
To establish a "qualifying relationship" under the Act and the regulations, a petitioner must show that the beneficiary's foreign employer and the proposed U.S. employer are the same employ…
MAR312023_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2023
—
In support of his EB-2 classification, the Petitioner submitted copies of his foreign educational credentials, professional certificates and recognitions, letters from two employers, his resume, and a copy of his doctoral thesis. Notably, the Petitioner provided evidence that he has a "master in psychotherapy" from the Institute ofl I in Mexico. Having revi…
MAR302023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 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…
MAR302023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2023
—
The sole issue on appeal is whether the evidence establishes that the Beneficiary worked continuously in a full time, compensated status in either a religious occupation or vocation or as a minister during the two-year period immediately preceding the filing of the petition. In this case, that period runs from Febrnary 24, 2018 to Febrnary 23, 2020. Due pri…
MAR302023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2023
—
A. Relevant Facts and Procedural History In 2021, when the Petitioner was 18 years old, the Massachusetts Probate and Family Court, I I (Family Court) issued a Judgment of Dependency (judgment), determining among other findings necessary for SIJ eligibility that the Petitioner was "dependent on this Court for [her] protection, well-being, care and custody,…
MAR302023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2023
—
The issues on appeal are whether the Applicant has met his burden of proof to show that his father was a U.S citizen and, if so whether he satisfied the conditions in former section 30l(a)(7) of the Act to transmit his citizenship to the Applicant at birth. Upon review we conclude that the Applicant has not met this burden. The evidence in support of the Ap…
MAR302023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2023
—
The Applicant entered the United States without being admitted in August 1993, remained in the United States without authorization, and returned to Mexico in or around early March 2003. The Applicant accrued unlawful presence from April 1, 1997, the effective date of unlawful provisions under the Act, until her departure in or around early March 2003. On or…
MAR302023_02E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2023
—
The Director determined that the Applicant had not shown that her U.S. citizen mother, N-G-G-, 1 was physically present in the United States for five years before the Applicant's birth, two of which were after N-G-G-'s 14th birthday, as required under section 301(g) of the Act. The Director noted that although the Applicant submitted affidavits from people…
MAR302023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2023
—
The issues on appeal are whether the record establishes that the Applicant is inadmissible for fraud or misrepresentation and if so, whether the Applicant has demonstrated his U.S. citizen spouse, his sole qualifying relative, would experience extreme hardship upon denial of the waiver. In support of the application, the Applicant submitted affidavits from…
MAR302023_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2023
—
The Applicant is a citizen and national of Korea who entered the United States as a student in August 2006. More recently the Applicant entered the United States using the visa waiver program in 2016. The Applicant married A-S-1 in 2016. The Applicant filed the current waiver in connection with an application for adjustment of status in December 2021 after…
MAR302023_04H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2023
—
The Applicant is a citizen and national of Egypt who entered the United States as a visitor in April 2016. The Applicant married M-N-O-1, a U.S. citizen, inl 12016. While seeking adjustment of status as the spouse of a U.S. citizen, the Applicant was found inadmissible under 212(a)(6)(C)(i) of the Act for providing false information on his non-immigrant vis…
MAR292023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2023
—
Because the Petitioner has not indicated or established that she has received a major, internationally recognized award at 8 C.F.R. § 204.5(h)(3), 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 determined that the Petitioner fulfilled one criterion regarding displa…
MAR292023_01B3203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2023
—
The Beneficiary received her Ph.D. in Immunology and Infectious Diseases from University in France in 2010. She began working for the Petitioner in 2011 and has served as an Assistant Professor in the Department of Pediatrics since September 2019. In an August 2022 letter accompanying the petition, the Petitioner stated that the Beneficiary "has been offere…
MAR292023_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2023
—
At the outset, we will address the Petitioner's argument that the Act does not require a labor certification. Section 212(a)(5) of the Act, 8 U.S.C. § 1182(a)(5), states in pertinent part: ( 5) Labor certification and qualifications for certain immigrants (A) Labor certification (i) In general Any alien who seeks to enter the United States for the purpose o…