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AUG022022_04B6203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2022
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Here, the labor certification requires a U.S. master's degree, or foreign equivalent degree, in computer science, engineering, mathematics, information systems, physics or related field and 36 months of experience in the offered job. The Petitioner indicated that a candidate could alternatively qualify for the offered position with a U.S. bachelor's degree,…
AUG012022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2022
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Section 203(b )(1 )(A)(ii) of the Act requires "the alien to enter the United States to continue work in the area of extraordinary ability." In addition, the regulation at 8 C.F.R. § 204.5(h)(5) states that "the petition must be accompanied by clear evidence that the alien is coming to the United States to continue work in the area of expertise."2 The recor…
AUG012022_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2022
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Unless accompanied by an application for Schedule A designation or documentation of a beneficiary's qualifications in a shortage occupation, a petition for a professional must include a valid, individual labor certification. 8 C.F.R. § 204.5(1)(3)(i). A labor certification remains valid only for the particular job opportunity, foreign national, and geograph…
AUG012022_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2022
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A. Relevant Facts and Procedural History Inl 2016, when the Petitioner was 19 years old, the Family Court in New York issued an order appointing the Petitioner's mother as his guardian in guardianship proceedings brought under section 661 of the New York Family Court Act and section 1707 of the New York Surrogate's Court Procedure Act. The order stated that…
AUG012022_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 01, 2022
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A. The Field of Expertise As a preliminary matter, the Petitioner contends that "[t]he evidence provided ... clearly demonstrates that the Beneficiary's achievements earned him prestige and acclaim within his specific field of notoriety, U18 • Again, the Petitioner seeks to classify the Beneficiary as an assistantl I coach for under 18- and 16-year-old play…
JUL292022_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 29, 2022
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The Petitionerj a researcher in the field of neurotoxicology, received his doctorate degree in biomedical sciences from. !University in 2018. In addition, he was awarded a Doctor of Veterinary Medicine degree at I !Veterinary University in India in 2010 and is a board-licensed veterinarian in the United States. Since completing his Ph.D., the Petitioner has…
JUL292022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 29, 2022
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in September 2016 with a Supplement B signed and certified by the Prosecuting Attorney from the I I Prosecutor's Office in I I Arkansas ( certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or simi…
JUL282022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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A. Facts and Procedural History The Applicant, a native and citizen of Mexico, was granted derivative U nonimmigrant status and filed his U adjustment application in January 2017. On his adjustment application the Applicant indicated that he had been arrested in 2015. The Director issued a request for evidence (RFE) for additional information pertaining to…
JUL282022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 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 indicated that the Petitioner met two of the claimed evidentiary criteria relating to awards at 8 C.F.R. §…
JUL282022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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A. The Petitioner Was Not the Victim of Qualifying Criminal Activity 1. Relevant Evidence and Procedural History The Petitioner filed her U petition in October 2015 with a Supplement B signed and certified by a Lieutenant in the I IN evada, I I Police Department ( certifying official). In response to Part 3.1 of the Supplement B, which provides check boxes…
JUL282022_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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The Director determined that the Petitioner did not establish that it will employ the Beneficiary in a managerial capacity. The Petitioner does not claim to seek to employ the Beneficiary in an executive capacity.
"Managerial capacity" means an assignment within an organization in which the employee primarily manages the organization, or a department, subd…
JUL282022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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We dismissed the most recent motion to reopen and reconsider because the Form I-290B, Notice of Appeal or Motion, did not satisfy the applicable filing requirements because the Applicant's son, who is not an affected party in this proceeding, signed and was named as the individual filing the motion. On the instant motion, the Applicant submits a properly fi…
JUL282022_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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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 Applicant has established that our decision to dismiss the prior appeal was based on an incorrect application of law or USCIS policy and that the decision was incorrect based on the evid…
JUL282022_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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A. The Beneficiary's Field of Expertise In Part 6 of the petition, the Petitioner listed the Beneficiary's job title for the proposed employment as president, chief I I instructor. In addition, the petitioner indicated the beneficiary's job description as chief I I instructor, safety coordinator,I I lesson designer, and marketing supervisor. In the supporti…
JUL282022_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
—
In this case, the accompanying labor certification was filed on May 25, 2017. The labor certification states that the offered position requires twenty-four months of experience as a purchasing agent. After reviewing the initial submission, the Director approved the petition. Subsequently, a consular officer at the U.S. Embassy in Seoul, South Korea intervie…
JUL282022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
—
A. Relevant Facts and Procedural History The Petitioner filed his U petition in August 2015 with a Supplement B (2015 Supplement B) signed and certified by a sergeant of the Legal Resources Division of the I Police Department in Tennessee ( certifying official). The certifying official checked boxes indicating that, inl I 2015, the Petitioner was the victim…
JUL282022_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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The Applicant was found inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresentation and she does not contest that finding on appeal. 1 The issue on appeal is whether the Applicant has established extreme hardship to her spouse. We find that the record establishes that the Applicant's spouse would experience extreme hardship due to h…
JUL282022_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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The Petitioner is a neuroscientist and is currently employed as a postdoctoral researcher at the University of I His research is focused on one of the aspects of I disease called University of 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 regulato…
JUL282022_03B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
—
The Petitioner is a transportation company established in 1999 with 102 employees. The underlying labor certification was filed with DOL in June 2018.1 The labor certification states that the offered position requires no training or education, but requires 12 months of experience in the offered job of truck driver and commercial driver's license (CDL) withi…
JUL282022_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2022
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The Petitioner, a native and citizen of Bangladesh, filed the instant U petition in December 2014 based on ac=]2014 incident of robbery and assault with a deadly weapon. With his U petition, the Petitioner submitted a Supplement B from thel I California, County Sheriff's Department ( certifying agency). In Part 2 of the Supplement B, Agency Information, the…
JUL272022_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2022
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The Petitioner is a hair stylist who opened her own studio in 2005. The evidence shows that she has received several awards in national stylist competitions, and has styled the hair of several celebrities in her nativel I She states that upon relocating to the United States she plans to open a new salon inl I
A. Evidentiary Criteria
Because the Petitioner…
JUL272022_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2022
—
In April 2019, about eight months after the Petitioner filed the appeal, the Beneficiary submitted a Form 1-485 Supplement J to USCIS, requesting permission to port to another employer. He indicated his acceptance of a new job offer as a pastor with another church. A beneficiary's potential eligibility to port to a new employer does not preclude USCIS' auth…
JUL272022_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2022
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As indicated in the above regulation, the Petitioner must establish its continuing ability to pay the proffered wage from the priority date 1 of the petition onward. In this case the proffered wage is $19,531 per year and the priority date is April 19, 2021. In determining a petitioner's ability to pay, we first examine whether it paid a beneficiary the ful…
JUL272022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2022
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A. Relevant Factual and Procedural History On 2015, when the Petitioner, a native and citizen of India, was 20 years old, the New York Family Court forl (Family Court) appointed guardianship of the Petitioner to K-M-. 1 The same day, the Family Court separately issued an Order.for Special Juvenile Status (SU order) in which it entered findings relevant to t…
JUL272022_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2022
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We dismissed the Petitioner's appeal on March 3, 2021. On May 10, 2021, 68 days afterwe dismissed the appeal and served the dismissal on the Petitioner via mail, USCIS received the Petitioner's first motion filing at the location designated for such filing. In support of the current (second) motion filing, the Petitioner claims that the "untimely filing was…