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OCT102023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2023
—
The Director found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresentation. Specifically, the Applicant orally misrepresented himself as a U.S. citizen while seeking entry to the United States on or around August 13, 1994. The Applicant does not contest he is inadmissible on appeal. The issues on appeal are whether…
OCT102023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2023
—
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 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 n…
OCT102023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2023
—
The Director determined that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree and the record supports this conclusion. 2 Therefore, the sole issue before us is whether the record establishes that a discretionary waiver of the job offer requirement, and thus of a labor certification, would be in the n…
OCT102023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 10, 2023
—
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 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 Pe…
OCT062023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 2023
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The Petitioner's claimed business ventures in Argentina include car rental franchises, a used car dealership, a travel agency, and e-commerce platforms for apparel sellers. The Petitioner entered the United States in 2018 as an E-2 treaty investor, to run a sporting goods store. He now manages a real estate investment finn in the southeastern United States.…
OCT062023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 2023
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In an employment-based immigrant petition that requires a job offer, the petitioning employer must establish its ability to pay the proffered wage from the time the priority date is established until the beneficiary obtains lawful permanent residence. 8 C.F.R. § 204.5(g)(2). To establish its ability to pay, a petitioner must submit annual reports, federal t…
OCT062023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 2023
—
The
Petitioner claimed eligibility for both types ofEB-2 classification, as a member of the professions with an advanced degree and as an individual of exceptional ability. The Director's decision focuses entirely on the issue of the national interest waiver and includes no determination as to whether the Petitioner qualifies for EB-2 classification. Becaus…
OCT052023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
The Petitioner has been working as a fashion model since 2015. She is currently represented bye=] ~---___.I and has attained 0-1 nonimmigrant status in this occupation. Her modeling experience includes print and commercial work, with appearances in locations such asl I andl Imagazine covers and editorial shoots, and commercial and promotional work. Because…
OCT052023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
The Petitioner is an engineer with several years of experience as a sales engineer and in management positions. He proposes to serve as the general manager and head engineering consultant for I I I I, a company he founded to provide consulting in the areas of electrical engineering and technical sales, and to facilitate business between companies in the Uni…
OCT052023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
The Director denied the petition, in part, based on a determination that the Petitioner did not establish that the Beneficiary would be employed in a managerial or executive capacity within one year. The Petitioner has consistently described the offered position of general manager as a managerial role."Managerial capacity" means an assignment within an orga…
OCT052023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
A. Evidentiary Criteria
Because the Petitioner has not claimed or established she received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i) (x). The Director determined the Petitioner met three of the claimed evidentiary criteria relating to published material at 8…
OCT052023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
Whilst the Director found that the Petitioner qualifies as a member of the professions holding an advanced degree, the Director concluded the Petitioner's substantially meritorious proposed endeavor was not of national importance, nor were they well positioned to advance their proposed endeavor such that on balance a waiver of the requirement of a job offer…
OCT052023_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
The Director denied the petition, in part, based on a determination that the Petitioner did not establish that the Beneficiary would be employed in a managerial or executive capacity within one year."Executive capacity" means an assignment within an organization in which the employee primarily directs the management of the organization or a major component…
OCT052023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 2 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. The Petitioner described himself as an engineer and "a…
OCT052023_04B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
The Petitioner, a Russian native and citizen, earned a medical diploma and founded a medical clinic in her home country. In 2003, she changed her career focus. She established a company that provides management consulting services to small-and medium-sized private healthcare providers in Russian speaking countries. Since 2008, she has also served as chief…
OCT052023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 05, 2023
—
A Exceptional Ability
The Petitioner asserted that the Beneficiary satisfies at least three of the regulatory criteria for classification as an individual of exceptional ability. In denying the petition, the Director determined that the Beneficiary fulfilled only the ten years of foll-time experience criterion at 8 C.F.R. § 204.5(k)(3)(ii)(B) and the member…
OCT042023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 04, 2023
—
A. Ability to Pay the Proffered Wage A petitioner must establish its continuing ability to pay a proffered wage, from a petition's priority date until a beneficiary obtains permanent residence. 8 e.F.R. § 204.5(g)(2). Evidence of ability to pay must generally include copies of annual reports, federal tax returns, or audited financial statements. Id. When de…
OCT042023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 04, 2023
—
On appeal, the Applicant contests inadmissibility under section 212( a )(9)(B)(i) of the Act. The Applicant also asserts that she has established that her spouse will experience extreme hardship if she is denied admission and that she merits a favorable exercise of discretion. The issues on appeal therefore are whether the Applicant is inadmissible under se…
OCT042023_01H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 04, 2023
—
On appeal, the Applicant contests inadmissibility under section 212( a )(9)(B)(i) of the Act. The Applicant also asserts that she has established that her spouse will experience extreme hardship if she is denied admission and that she merits a favorable exercise of discretion. The issues on appeal therefore are whether the Applicant is inadmissible under se…
OCT042023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 04, 2023
—
The Petitioner has not asserted that she qualifies for the EB-2 classification as an advanced degree professional, nor does the record support such a finding.4 Regarding the Petitioner's eligibility as an individual of exceptional ability, the Director's decision contained contradictory statements. Specifically, the Director concluded the Petitioner met fou…
OCT042023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 04, 2023
—
As alluded to above, the Applicant had submitted a Form I-60 l to overcome the ground of inadmissibility found in section 212(a)(6)(C)(i) ofthe Act. In support ofhis Form I-601, the Applicant submitted an affidavit from his spouse who stated she wanted to remain in the United States because Colombia was a dangerous and violent country, that she would have a…
OCT042023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 04, 2023
—
The Petitioner is an entrepreneur seeking to demonstrate eligibility in the EB-2 classification based on their exceptional ability. A Petitioner must demonstrate expertise significantly above that ordinarily encountered to show that they are of exceptional ability. In support, the Petitioner submitted letters from current and former employers, their Brazili…
OCT042023_03D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 04, 2023
—
The Petitioner did not assert, either in response to the Director's notice of intent to deny (NOID) or this appeal, that its petition was exempt from the H-lB numerical limitations under section 214(g) of the Act. The Petitioner essentially conceded that the Beneficiary's education would not have qualified its petition for one ofthe 20,000 visas exempted fo…
OCT032023_01D7101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 03, 2023
—
The primary issue we will address is whether the Petitioner established that the Beneficiary has been employed by a qualifying organization abroad in a managerial capacity for at least one year in the three years preceding the filing of the petition. The Petitioner did not claim that the Beneficiary was employed abroad in an executive capacity or in a posit…
OCT032023_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 03, 2023
—
The Applicant, a native and citizen ofGuatemala, filed the instant Form I-601, Application for Waiver of Grounds of Inadmissibility (waiver application), in November 2020, as he was informed that he was inadmissible under sections 212(a)(2)(A)(i)(I) and 212(a)(9)(B)(i)(II) ofthe Act, for a conviction of a CIMT and for departing and again seeking admission a…