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DEC122023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2023
—
As a preliminary matter, we conclude that the Petitioner has submitted insufficient and inconsistent evidence regarding the substantive nature of his proposed endeavor, and the occupation in which he intends to be employed. The Petitioner initially stated that he is a computer programmer who will: [C]ontinue working in [g]eneral and IT [ o ]perations manage…
DEC122023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2023
—
The Petitioner earned a bachelor's degree in law from a Colombian university in 2019 and later completed a one-year post-graduate program in tax law at the same university. According to the Petitioner's resume, after earning her bachelor's degree she worked as an associate in tax litigation withl I(April 2020 until September 2021) and a legal and commercial…
DEC112023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2023
—
The record shows that the Petitioner, a Venezuelan national and citizen, began creating and illustrating comics in his home country in the 1970s. Specializing in action heroes, he co-founded an artistic merchandising company where, from 2006 to 2020, he served as president and lead illustrator and artist. Since 2020, the Petitioner has been working at a com…
DEC112023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2023
—
The Director found that the Petitioner qualifies as an individual of exceptional ability. The remaining issue to be determined is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has not established tha…
DEC112023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2023
—
The sole issue addressed by the Director is whether the Petitioner established its ability to pay the offered wage. A petitioner must demonstrate its continuing ability to pay an offered position's proffered wage, from a petition's priority date until a beneficiary obtains lawful permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence ofability to pay must ge…
DEC112023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2023
—
A. Relevant Background and Procedural History In January 2014, the Petitioner entered the United States on a student visa. lnl 12014, the Petitioner married a U.S. citizen, who filed a Form 1-130, Petition for Alien Relative (family petition), on her behalf in May 2014. The Petitioner concurrently filed a Form 1-485, Application to Register Permanent Reside…
DEC112023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2023
—
The Director found that the Petitioner established eligibility for the EB-2 classification as an advanced degree professional. Based upon the evidence in the record that the Petitioner obtained the foreign equivalent of a bachelor's degree in business administration followed by more than five years of progressive work experience in sales, finance, and busin…
DEC112023_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 11, 2023
—
There is no dispute that the Applicant was under the statutory age of 18 years when he began to reside in the United States as a lawful permanent resident, when his father naturalized as a U.S. citizen, and when his parents divorced. 3 The remaining issue is whether the Applicant has met his burden ofproof to show that his father had legal custody following…
DEC082023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2023
—
A. Member of Professions Holding an Advanced Degree With respect to the underlying EB -2 classification, the Petitioner did not establish that he is an advanced degree professional. The Petitioner has provided sufficient evidence to establish he holds the equivalent of a U.S. bachelor's degree. However, the regulation at 8 C.F.R. § 204.5(k)(3)(i)(B) require…
DEC082023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2023
—
A. Ability to Pay the Proffered Wage A petitioner must demonstrate its continuing ability to pay an offered job's proffered wage, from a petition's priority date until a beneficiary obtains permanent residence. 8 C.F.R. § 204.5(g)(2). Evidence of ability to pay generally must include copies of annual reports, federal tax returns, or audited financial statem…
DEC082023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2023
—
The Applicant does not contest his inadmissibility on appeal and we incorporate the Director's finding of inadmissibility here by reference. 1 An applicant may show extreme hardship in two scenarios: 1) if the qualifying relative remains in the United States separated from the applicant, and 2) if the qualifying relative relocates overseas with the applican…
DEC082023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2023
—
We will first address the Petitioner's qualification for the EB-2 classification. The Director found that the Petitioner qualifies for the EB-2 classification as an advanced degree professional, but did not explain the basis for this conclusion. The Petitioner claims that she has obtained the foreign equivalent of a bachelor's degree in law and an MBA (mast…
DEC082023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2023
—
A. The EB-2 Classification
The Director determined the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional; however, upon de novo review, we withdraw the Director's finding on this matter and instead conclude the Petitioner has not established eligibility for the EB-2 classification as an advanced degree profession…
DEC082023_04B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2023
—
As discussed, in our previous decision, we adopted and affirmed the Director's underlying determination that the Applicant did not establish that she had resided with her U.S. citizen spouse in
the United States and that she had entered into the marriage with him in good faith. We determined that the Director was correct in concluding that the Petitioner's…
DEC082023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2023
—
The Director determined the Petitioner qualifies for the underlying EB-2 classification. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. While we do not discuss each piece of evidence individually, we have reviewed and considered each one. The first Dhanasar pr…
DEC072023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
Because the Petitioner has not indicated or established he has 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). In denying the petition, the Director determined the Petitioner did not fulfill any of them. On appeal, the Petitioner maintains he meets four…
DEC072023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The record reflects that determination. However, the Director found the record did not establish that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Director found that while the Peti…
DEC072023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
In our prior decision, incorporated here by reference, we agreed with the Director and concluded that the Petitioner had not established his good moral character, particularly after a review of his I I 2011 arrest. The record reflects that inl I2011, the Petitioner was arrested after an argument with his spouse and charged with threats of violence (terroris…
DEC072023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
The Petitioner was in a two-year relationship with E-M-F-. 1 During that relationship, the Petitioner and E-M-F- often argued about his infidelity. On one occasion in February 2007, E-M-F- slapped and beat the Petitioner and pulled her hair. The Petitioner reported E-M-F- to the police a few days later. The Petitioner told the officer that E-M-F- "hit her i…
DEC072023_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
USCIS accorded the Petitioner, a citizen of Guatemala, U-1 nonimmigrant status from October 2014 to September 2018. She subsequently adjusted her status to that ofa lawful permanent resident (LPR), and during the pendency of the adjustment application, the Petitioner filed a U immigrant petition on behalf of the Derivative, her spouse, who is a citizen of M…
DEC072023_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
The issue on appeal is whether the Applicant is inadmissible to the United States under section 212(a)(9)(C)(i)(II) of the Act and ineligible to seek permission to reapply for admission. We have reviewed the entire record and, for the following reasons, conclude that the Applicant is not inadmissible on this ground. We will therefore return the matter to th…
DEC072023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
The Petitioner indicates he proposes to work in the United States as an athletic trainer having worked as a physical education teacher, basketball coach, and sports manager in Brazil. The Director determined that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree.3 We agree that the reco…
DEC072023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
The Petitioner, a dentist and entrepreneur, outlines seven "Service Categories" that he will carry out through a dental company he plans to own and manage called~-------~(the Company). The service categories include: diagnosis, implantology, pediatric dentistry, general dentistry, dental prosthesis, periodontics, and oral surgery. He provided two business p…
DEC072023_04B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
In our prior decision, incorporated here by reference, we reviewed the copies of the Petitioner's divorce documents for her prior marriage in Nigeria to R-O-. 1 With her initial Form 1-360, Petition for Amerasian, Widow( er), or Special Immigrant (VA WA petition), the Petitioner submitted a Decree Nisi Dissolution of Marriage, which indicates that it was en…
DEC072023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
—
The Petitioner indicates he intends to work as a commercial airline pilot and a flight instructor. For the underlying EB-2 classification, the Petitioner submitted evidence to meet five of the six exceptional ability criteria, specifically 8 C.F.R. § 204.5(k)(3)(ii)(A)-(C), (E), and (F). The Director found that although the Petitioner satisfied three criter…