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AUG082022_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2022
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A. Skilled Worker Classification
On the petition, the Petitioner requested classification as a skilled worker. The regulation at 8 C.F.R. § 204.5(1)(2) defines the term "skilled worker" as follows: Skilled worker means an alien who is capable, at the time of petitioning for this classification, of performing skilled labor (requiring at least two years train…
AUG082022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2022
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The Petitioner filed his U petition in November 2015 along with a Supplement B signed and certified in April 2015 by the Deputy Prosecutor from thel I Prosecutor's Office inl I Indiana ( certifying official). The Petitioner submitted a second Supplement B signed and certified in
February 2016 by the Assistant Supervising Attorney from thel I Prosecutor's O…
AUG082022_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2022
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The Director determined that the Petitioner did not establish that it seeks to employ the Beneficiary in the United States in a managerial or executive capacity. The Petitioner refers to the position as managerial, and therefore we need not address the separate requirements for an executive capacity.
"Managerial capacity" means an assignment within an orga…
AUG082022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2022
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The issue on appeal is whether the Applicant is inadmissible under 212(a)(9)(A)(ii) of the Act. The Applicant entered the United States without inspection in 2004. He was subsequently apprehended by immigration officials and served a Notice to Appear (NTA). The Applicant did not attend his removal hearing and was ordered removed by an Immigration Judge in a…
AUG082022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2022
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The Director's decision summarized the facts surrounding the Applicant's inadmissibility, which we incorporate here and which the Applicant does not contest on appeal. The Director discussed, in part, the Applicant's assertion that his spouse would not relocate to Ghana with him and that due to her low income, she would be severely hampered in being able to…
AUG082022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2022
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As noted above, the Director concluded that the record did not establish that the Petitioner qualified for classification as an individual of exceptional ability. Specifically, although the Petitioner asserted that he satisfied the requirements of 8 C.F.R. § 204.5(k)(3)(ii)(A)-(C) and (F), the Director concluded that the Petitioner satisfied none of them. O…
AUG052022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2022
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The issues presented on appeal are whether the Applicant, upon his departure from the United States, would be inadmissible under section 212(a)(6)(B) of the Act, and whether he merits conditional approval of his application as a matter of discretion. The Applicant does not contest that upon his departure from the United States, he will become inadmissible u…
AUG052022_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 05, 2022
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A. Eligibility for the Requested Classification As stated above, the first step to establishing eligibility for a national interest waiver is demonstrating qualification for the underlying EB-2 visa classification, as either an advanced degree professional or an individual of exceptional ability. The Petitioner does not assert nor does the record establish…
AUG042022_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 04, 2022
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The record reflects that the Petitioner has been serving in the pos1t10n of chief technology officer/technical director forl I and its U.S. subsidiary since these companies were established in 2002 and 2012, respectively. Both companies specialize in the development ot-c=] management technologies and software solutions. The Petitioner began his career in th…
AUG042022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 04, 2022
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The record indicates 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 a labor certification, would be in the national interest. For the reasons discussed below, we conclude that the…
AUG042022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 04, 2022
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The Petitioner, a native and citizen of India, entered the United States in October 2013 on a visitor visa. He married C-R-, 1 a U.S. citizen in 2016. He filed the instant VA WA petition in August 2018 based on this marriage. In our prior decision on appeal, incorporated here by reference, we concurred with the Director's determination that the Petitioner h…
AUG042022_01D6101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 04, 2022
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A. In-Person Meeting Requirement
Since the Petitioner does not assert that she and the Beneficiary have met in person, the issue on appeal is whether the Petitioner has established that she merits a discretionary waiver of the in-person meeting requirement. In the petition, the Petitioner requested such a waiver, stating that travelling to the Beneficiary's…
AUG042022_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 04, 2022
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The Petitioner is a sound engineer and technical director who has worked on studio-recorded and live broadcasts in thel I industry since 2009. At the time of filing, the Petitioner indicated his intent to establish a company to provide sound engineering services for thel I industry and other !projects and events in the United States.1
A. Evidentiary Criter…
AUG042022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 04, 2022
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By regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). Accordingly, we examine any new facts to the extent that they pertain to our prior dismissal of the Petitioner's motion to reopen, her third motion after we summarily dismissed her appeal because she
"fail[ed] to identify specifically any erroneous conclusio…
AUG042022_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 04, 2022
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A. Evidentiary Criteria
Because the Petitioner has not claimed or established 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 Director determined that the Petitioner met four of the claimed evidentiary criteria relating to awards at 8 C.F.R.…
AUG042022_04B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 04, 2022
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The record reflects that the Petitioner is a engineering researcher and specialist. He states that he intends "to promote and drive the development of groundbreaking research and development in the field of I engineering." As the Petitioner has not indicated or established that he has received a major, internationally recognized award, he must demonstrate t…
AUG032022_01A1245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 03, 2022
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The record reflects that the Applicant initially entered the United States in 1997 without inspection and admission or parole. In August 2002 USCIS granted him TPS. The Applicant subsequently obtained permission to travel abroad on that basis and was issued a Form 1-512, Authorization for Parole of an Alien into the United States. Upon his most recent retur…
AUG032022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 03, 2022
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In dismissing the prior motion to reopen and motion to reconsider, we concluded that the Petitioner did not establish 1) that he qualifies for the underlying classification either as an advanced degree professional or as an individual of exceptional ability, 2) the national importance of his specific proposed endeavor, as required by the first prong of the…
AUG032022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 03, 2022
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The Petitioner, a native and citizen of Yemen , entered the United States in March 2008 on a visitor visa. She filed the instant VA WA petition in March 2017 based on a claim of battery and extreme
cruelty by her U.S. citizen spouse, F-P-.1 With her VAWA petition, the Petitioner submitted a personal statement, a third-party affidavit, marriage certificate,…
AUG032022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 03, 2022
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The issue presented on appeal is whether the Applicant is inadmissible as a controlled substance violator, and if so, if he has established that he is statutorily eligible for a waiver under section 212(h)
of the Act. The record shows that in 1995, the Applicant was convicted in the United States District Court, Eastern District of Pennsylvania, of five cr…
AUG032022_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 03, 2022
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The record reflects that the Applicant entered the United States in 1995 with public interest parole. He was arrested and convicted for events occurring in 1997 and 2001, and he was placed in removal proceedings in 2017 and charged as inadmissible under section 212(a)(2)(A)(i)(I) of the Act for a conviction of a CIMT. He filed a Form I-485, Application to A…
AUG022022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2022
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The record indicates 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 a labor certification, would be in the national interest. For the reasons discussed below, we conclude that the…
AUG022022_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2022
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The Petitioner alleged on page 2 of the petition that he invested $5 00,2004 in the NCE. He presented to the Chief a business plan, page 8 of which indicates that the NCE, "operating under the licensed trade name I I "will operate a fleet of European and high-end luxury cars, providing 2 These requirements "serve a valid government interest; i.e., to confir…
AUG022022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2022
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The record reflects that the Petitioner married O-N-, 1 a U.S. citizen, in I 2008. The Petitioner asserts that she later discovered that she was in a bigamous marriage with O-N-.2 The Petitioner divorced O-N- inl 2013. In October 2019, the Petitioner filed a VA WA petition based on this marriage. The Director denied the VA WA pet1t10n, concluding that the P…
AUG022022_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2022
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The issue on appeal is whether the Obligor substantially violated the terms of the bond. In the present case, the record indicates that ICE mailed an ICE Form 1-340, Notice to Deliver Alien, to the Obligor's
address of record. The Form I-340 requested that the Obligor deliver the bonded noncitizen to the Chicago, Illinois ICE Field office onl I 2021. The O…