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MAR232023_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 23, 2023
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. In addition to the Petitioner's academic background in law enforcement, criminal justice and criminology, he has more t…
MAR232023_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 23, 2023
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A. Relevant Facts and Procedural History In 2016, when the Petitioner was 19 years old, the New York Family Court for (Family Court) appointed guardianship of the Petitioner to her aunt, F-A-2, finding that such appointment "shall last until the [Petitioner's] 21st birthday." On the same date, the court also issued a separate order (SIJ order), which determ…
MAR232023_02D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 23, 2023
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At initial filing, the Petitioner indicated it sought to classify the Beneficiary as an individual of extraordinary ability in the sciences, education, business, or athletics (O-lA).1 To do so, a petitioner may submit evidence of either "a major, internationally recognized award, such as a Nobel Prize," or at least three of eight listed categories of docume…
MAR222023_01B2203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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As discussed, the Director concluded the Petitioner established three of the criteria listed at 8 C.F.R. § 204.5(h)(3)(i) - (x), specifically that: 1) there was published material about her in professional or major trade publications or other major media related to her work pursuant to 8 C.F.R. § 204.5(h)(3)(iii), 2) she participated as a judge of the work…
MAR222023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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The Petitioner filed the petition in March 2015, and the Director approved that petition under the NYSDOTanalytical framework in December 2016. After issuing a notice of intent to revoke (NOIR) in January 2021 regarding inconsistencies between evidence filed with the petition and information provided in her interview at the U.S. Consulate, the Director revo…
MAR222023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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The Director initially approved the petition in July 2018, but later revoked the approval in September 2021 following the issuance of a notice of intent to revoke (NOIR). In the revocation decision, the Director emphasized that the Petitioner did not disclose a familial relationship between an owner of the Petitioner and the Beneficiary in the labor certifi…
MAR222023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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The Petitioner asserts eligibility based on an investment in ________________ pursuant to the Immigrant Investor Program . 6 On page 2 of his petition, the Petitioner indicated that he has invested $500,000 7 into I I the new commercial enterprise (NCE) . According to the Confidential Private Placement Memorandum (PPM) , the NCE proposed to pool up to $42,0…
MAR222023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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We first note that the issue of the Petitioner's eligibility for classification as an individual of extraordinary ability is not before us. The sole issue before us on the combined motions pertains to our conclusion that the Director's dismissal of the Petitioner's previous combined motions was appropriate. The Petitioner argues, as she did on appeal, that…
MAR222023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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As an initial matter, we note that the review of any motion is narrowly limited to the basis for the prior adverse decision. In dismissing the prior motion to reconsider, we concluded that the Petitioner did not establish the following: (1) that he qualifies for the underlying classification either as an advanced degree professional or as an individual of e…
MAR222023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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A. Advanced Degree
The Director acknowledged the Petitioner's receipt of a bachelor's degree in 2008. However, the Director determined the Petitioner did not demonstrate her possession of at least five years of progressive post-baccalaureate experience in the specialty to qualify as an equivalent to a master's degree. Specifically, even though the Petitione…
MAR222023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree, as the record indicates that the Petitioner has a master's degree in economics. The remaining issue to be determined is whether the Petitioner has established that waiver of the requirement of a job offer, and thus a labor certification, would be in t…
MAR222023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 2023
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We incorporate our prior decision by reference and will repeat only certain facts and evidence as necessary to address the Petitioner's claims on motion. While we may not address each piece of evidence individually, we have reviewed and considered each one. A. Motion to Reopen Initially, we note that motions for the reopening of immigration proceedings are…
MAR222023_06B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 22, 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 waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. A. Substantial Merit and National Importance of the Propos…
MAR212023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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The Petitioner earned a bachelor's degree in business administration from ________ in Brazil in 1999 and completed a one-year post-graduate program in industrial administration at the The record reflects she has since gained over 15 years of experience as __________ an entrepreneur in the bakin indust in Brazil where she served as artner executive director,…
MAR212023_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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The Petitioner seeks to employ the Beneficiary as a grounds caretaker and construction operator, and initially described the duties of this position as follows: Plan, coordinate, budget and supervise building repairs, renovations and landscaping. Monitor and report progress to President. Collaborate with other interested parties to ensure steady progress an…
MAR212023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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The Petitioner asserts that the Beneficiary has been and will be employed in a managerial capacity, rather than an executive capacity.
"Managerial capacity" means an assignment within an organization in which the employee primarily manages the organization, or a department, subdivision, function, or component of the organization; supervises and controls th…
MAR212023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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In 12016, U.S. Customs and Border Protection (CBP) encountered the Applicant inl I Texas. The Applicant stated under oath to CBP that he was born in Eritrea inl 1987, his name was K-T-T-, he had flown from Dubai to Brazil during his travel to the United States, he had never applied for or held asylee or refugee status in any other country, he had never used…
MAR212023_01M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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The only issue on appeal is whether the Applicant is subject to the firm resettlement bar for TPS. Upon review of the record as supplemented on appeal we conclude that he is not. The Applicant filed the instant TPS request in late August 2021, representing that he last entered the United States without inspection and admission or parole in July 2021. 2 The…
MAR212023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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The Director determined the Petitioner qualifies for the EB-2 classification as an advanced degree professional. The remaining issue is whether the Petitioner has established eligibility under the Dhanasar framework. While we do not discuss each piece of evidence individually, we have reviewed and considered each one. The Petitioner proposes to continue wor…
MAR212023_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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The Petitioner filed its first L-1 A nonimmigrant petition on the Beneficiary's behalf in September 2018. The Director approved that petition in January 2019, granting the Beneficiary L-lA status until September 2019 .1 The Petitioner filed an extension petition in September 2019, which the Director denied for abandonment in January 2020. The abandonment de…
MAR212023_02M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
—
The only issue on appeal is whether the Applicant is subject to the firm resettlement bar for TPS. Upon review of the record as supplemented on appeal we conclude that she is not. The Applicant filed the instant TPS request in March 2021 representing that she last entered the United States in September 2014 with a Spanish passport under the visa waiver prog…
MAR212023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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The Petitioner states that she has 19 years of"recognized expertise in business" and plans to "continue her career in the United States as General and Operations Manager." Although the Petitioner claims 3 If these types of evidence do not readily apply to the individual's occupation, a petitioner may submit comparable evidence to establish their eligibility…
MAR212023_04B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2023
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 3 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. At the time of filing, the Petitioner was serving as an ass…
MAR202023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 20, 2023
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The sole issue to analyze is whether the Petitioner 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 agree with the Director that the Petitioner did not sufficiently demonstrate the national importance of his proposed endeavor under the first p…
MAR202023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 20, 2023
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The Petitioner filed her Form I-918 with a Supplement B in 2016 seeking U nonimmigrant classification based on being the victim of incidents of domestic violence that occurred separately in 1998 and in 2008. In part 4 of the initial Supplement B, a certifying official from the Police Department checked three boxes indicating that the Petitioner had been, wa…