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MAR142023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 14, 2023
—
After the initial filing, the Director issued a request for evidence (RFE), in part noting that discrepant information emerged between the experience listed on the labor certification the Petitioner submitted when compared to a Form DS-160, Nonimmigrant Visa Application (NIV) the Beneficiary filed with the U.S. Department of State in December 2016. The disc…
MAR142023_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 14, 2023
—
The Petitioner initially submitted the following summary of duties m the R-1 Classification Supplement to Form 1-129: Provide technical support for the various mechanical systems on the church property, develop and implement procedures to troubleshoot and resolve any issues that may arise. Prevent mechanical failures with consistent monitoring and maintenan…
MAR142023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 14, 2023
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The sole issue to be addressed is whether the Petitioner established that the Beneficiary's proposed position is in an executive capacity. The Petitioner did not claim that the Beneficiary would be employed in a managerial capacity.
The term "executive capacity" is defined as an assignment within an organization in which the employee primarily directs the…
MAR142023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 14, 2023
—
The issue presented on appeal is whether the Applicant is eligible to obtain permission to reapply for admission to the United States. The record reflects that in 2011, the Applicant was removed from the United States, and in 2013, he reentered the United States without inspection. In 2019, he was removed from the United States, and he currently resides in…
MAR142023_01H7212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 14, 2023
—
The Applicant is a citizen of Uganda. Her spouse, a U.S. citizen, filed Form 1-130, Petition for Alien Relative, on her behalf in 2008. The petition was denied as abandoned after the Applicant's spouse did not respond to a request for evidence. In 2012, the Applicant applied for a visitor's visa to the
United States with the U.S. Department of State (DOS).…
MAR132023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
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The Petitioner currently serves as a spokesperson and brand ambassador for thel I I a philanthropy based inl I Rhode Island. The record includes documentation to demonstrate the Petitioner's role as an advocate for the foundation's philanthropic work in Latin and South America and within Hispanic communities in the United States. The Petitioner intends to c…
MAR132023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
The Petitioner earned the foreign equivalent of a bachelor's degree in civil engineering and has at least five years of progressive post-baccalaureate experience in this area. Therefore, he qualifies for the underlying EB-2 classification as an advanced degree professional. The remaining issue is whether the Petitioner has established eligibility for a nati…
MAR132023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
A. Priority Date
As stated, the priority date is the date on which DOL accepted the ETA Form 9089 (labor certification) application for processing. See 8 C.F.R. § 204.5(d). In this matter, DOL accepted the labor certification for filing on November 3, 2013.1 On appeal, the Petitioner states, "we kindly insist the Priority date as well is established on May…
MAR132023_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
A. Motion to Reopen In our prior decision, incorporated here by reference, 2 we discussed at length that the Petitioner's assertion and evidence contained serious errors and discrepancies that questioned its credibility. We concluded that the record lacked sufficient evidence to establish, by a preponderance of the evidence, that the Beneficiary will work m…
MAR132023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
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The Petitioner contends that inl 12010, her boyfriend was the victim of an assault with a firearm, which occurred in front of her home. She filed the instant U petition in March 2017 with a Supplement B signed and certified by a sergeant in thel Arizona Police Department certifying the crime investigated or prosecuted as attempted murder/aggravated assault.…
MAR132023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
As stated above, the Applicant has been found inadmissible under section 212(a)(9)(C)(i)(I) of the Act for entering the United States without being admitted after having accrued more than one year of unlawful presence. The issue on motion is whether our decision was based on an incorrect application of law or policy, and whether our prior decision was incor…
MAR132023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
As an initial matter, the record supports the Director's undisputed determination that the Applicant is inadmissible under 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation, necessitating a waiver application under section 212(i) of the Act.1 The only issue before us is whether the Applicant has established extreme hardship to his qualifying…
MAR132023_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
The Petitioner is a postdoctoral fellow at The University of ____________ He is a molecular pathologist specializing in the field of immunology. The Petitioner plans to continue his research at thel I 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…
MAR132023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
The Director determined that the Petitioner qualifies for the EB-2 classification as an advanced degree professional. The remaining issue to be determined is whether he has established eligibility for a national interest waiver under the Dhanasar framework. 3 The first prong, substantial merit and national importance, focuses on "the specific endeavor the i…
MAR132023_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
The Petitioner indicates he is and intends to continue working in the United States as a hospitality entrepreneur/bar professional. The Petitioner did not indicate, and the record does not establish, that he has received a major, internationally recognized award pursuant to 8 C.F.R. § 204.5(h)(3). The Petitioner must therefore demonstrate his eligibility un…
MAR132023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
As a preliminary matter, we note that by regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.S(a)(l)(i). The issue before us is whether the Petitioner has submitted new facts to warrant reopening or has established that our decision to dismiss the prior combined motion was based on an incorrect application of law or USCIS po…
MAR132023_04B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
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The Petitioner indicates he is a competitive athlete in karate and intends to continue his career in the United States.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he has received a major, internationally recognized award at 8 C.F.R. § 204.5(h)(3), he must satisfy at least three of the alternate regulatory criteria…
MAR132023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 13, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. 2 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 relates to…
MAR102023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 10, 2023
—
The Petitioner earned a bachelor's degree in law from a Brazilian university in 2009 and later completed a one-year post-graduate program in civil and procedural law at the same university. According to the Petitioner's resume, she worked as a tax consultant with the City of Environmental Law Department (from 2008 until 2013) and as a law partner, specializ…
MAR102023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 10, 2023
—
A. Background
We begin with a timeline of events relating to this petition: • July 1, 2022: The Director issued a request for evidence (RFE) relating to the Beneficiary's qualifications and the Petitioner's ability to pay him; • August 23, 2022: The Petitioner responded to the RFE only addressing its ability to pay with no mention of how the Beneficiary qua…
MAR102023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 10, 2023
—
According to page 6 of the petition, the Petitioner invested $500,000, which he obtained through a gift, in the NCE. A bank wire document confirms that in March 2019, he remitted $535,000to the NCE's escrow account, with $500,000 as his EB-5 investment and $35,000 as his administrative fees. The Petitioner claims that his father gifted him his EB-5 capital.…
MAR102023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 10, 2023
—
The record reflects that the Petitioner, a native and citizen of the Democratic Republic of Congo, last entered the United States in May 2014 on a nonimmigrant student visa, and married his U.S. citizen spouse, A-O-, 1 in Texas in 2017. He filed the instant VAWA petition in November 2019 based on a claim of battery and extreme cruelty by A-O-. In his statem…
MAR102023_01F3101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 10, 2023
—
The Beneficiary, a native and citizen of Ghana, was born on I 2005. The Petitioner filed a Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, on December 31, 2020, and it was approved on April 13, 2021. The Petitioner filed the instant Convention adoptee petition on behalf of the Beneficiary on November 30,…
MAR102023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 10, 2023
—
The Director determined that the Applicant was inadmissible under section 212(a)(6)(C)(i) of the Act because he previously sought admission to the United States using his brother's passport and U.S. visitor visa. The Applicant does not contest this determination, and it is supported by the record. 1 The issue on appeal is whether the Applicant has establish…
MAR102023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 10, 2023
—
The Petitioner, a native and citizen of Venezuela, earned university degrees in chemical engineering and "agrofood chain studies." She worked as a researcher for a food institute and has advised food companies on their products and operations. She proposes to help small U.S. food businesses focus on their customers and introduce safer, healthier products. I…