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APR142023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 14, 2023
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The Director did not analyze the Petitioner's eligibility for the underlying EB-2 classification. Upon review, we conclude the record establishes the Petitioner has the foreign equivalent of U.S. bachelor's degree and at least five years of post-baccalaureate experience in physical therapy. Therefore, the Petitioner qualifies for the EB-2 classification as…
APR142023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 14, 2023
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The Director did not make a finding in the decision as to the threshold question of the Petitioner's eligibility for the underlying EB-2 immigrant classification, however the Director stated in a request for evidence (RFE) that the Petitioner qualifies for the classification as an advanced degree professional. Based upon her Doctor of Pharmacy degree from t…
APR132023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 13, 2023
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The Petitioner is a fashion designer and the co-founder and CEO of Colombia, with several clothing stores and franchises in Colombia operating under the brand She is also the owner and CEO of ,I a Florida company which does business as I I and distributes the company's clothing in the United States. The Petitioner states that she intends to continue working…
APR132023_01D12101
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 13, 2023
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A. The Applicant's Trafficking Claim
The Applicant, a citizen of Mexico asserted that a man she met in I Mexico in early 2011, B-C-N-, 1 paid the "coyotes" she hired to bring her to the United States to obtain her for the purpose of involuntary servitude, including work in his migrant smuggling enterprise in Mexico and in the United States from July 2012 un…
APR132023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 13, 2023
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The primary issue in this matter is whether the Petitioner established that the Beneficiary possesses specialized knowledge and whether he has been employed abroad and will be employed in the United States, in a specialized knowledge capacity. As a threshold issue, we must determine whether the Petitioner established that the Beneficiary possesses specializ…
APR132023_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 13, 2023
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Absent evidence of a nomination for or receipt of a significant national or international prize or award, the Petitioner seeks to demonstrate the Beneficiary's sustained acclaim and recognition of achievements through evidence corresponding to the six categories of evidence under 8 C.F.R § 214.2(o)(3)(v)(B)(l)-(6). The Director determined the Beneficiary sa…
APR132023_02B2203
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 13, 2023
—
Because the Petitioner has not indicated or established that 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 acknowledged that the Petitioner met the criteria relating to published material, display, leading…
APR132023_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 13, 2023
—
The Director determined that the Petitioner did not establish that the Beneficiary has been employed abroad in a managerial or executive capacity, as required by 8 C.F.R. § 214.2(1)(3)(v)(B). We need not discuss managerial capacity, because the Petitioner specifically claims that the Beneficiary has been employed abroad in an executive capacity, and has mad…
APR132023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 13, 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 prong, subs…
APR122023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 12, 2023
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The Petitioner is a physician specializing in cancer research. He received his Doctor of Medicine degree from I !Medical University in 2011. At the time of filing in July 2022, he was employed as a physician and researcher in the abdominal oncology department of the National Medical Research Center for Oncology in !Russia.
A. Evidentiary Criteria
Because t…
APR122023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 12, 2023
—
The Petitioner indicated on page 2 of his Form I-526 that on November 7, 2016, he invested $500,0001 m the new commercial enterprise (NCE), which is associated with ________ pursuant to the Immigrant Investor Program. According to the Confidential Private Placement Memorandum (PPM) of the NCE, the NCE proposed to pool $125,000,000 from 250 immigrant investo…
APR122023_01C6101
Accepted
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 12, 2023
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A. Relevant Factual and Procedural History Inl I 2018, when the Petitioner was 20 years old, the I I County Family Court in New York appointed guardianship of the Petitioner to J-M-V-, 2 finding that such appointment would last "until the subject's 21st birthday" (guardianship order). In a separate order issued on the same day and titled ORDER - Special Imm…
APR122023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 12, 2023
—
A. Relevant Facts and History The Petitioner filed his U petition in 2017 with a Supplement B signed and certified by the Sergeant of Police for the I I Illinois Police Department (certifying official). The certifying official did not check any of the boxes pertaining to qualifying criminal activities under Part 3.1, and instead, notated that the Petitioner…
APR122023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 12, 2023
—
We first note that, in the decision, the Director did not address whether the Petitioner qualifies for second-preference classification as either a member of the professions holding an advanced degree or as an individual of exceptional ability. See section 203(b )(2) of the Act. However, in a prior request for evidence (RFE), the Director stated that the Pe…
APR122023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 12, 2023
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The record supports this determination based on the Petitioner's submission of an official academic record establishing that she possesses the foreign equivalent of a bachelor's degree in occupational health and safety, as well as letters from her…
APR112023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 11, 2023
—
The Petitioner is an internationally competitive swimmer who intends to continue this activity in the United States. In the present case, the Director decided that the Petitioner had submitted sufficient documentation to meet the regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i), lesser nationally or internationally recognized prizes or awards; 8 C.F.R. § 20…
APR112023_01B5203
Accepted
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 11, 2023
—
The Director concluded 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. At the time of filing, the Petitioner was employed a…
APR112023_01B7203
Accepted
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 11, 2023
—
The Petitioner indicated on page 6 of her petition that she has invested $500,0001 in ____ ______________ the new commercial enterprise (NCE), since November 21, 2018. The Petitioner also indicated on pages 6 and 7 of her petition that the NCE is owned by the Petitioner ( 13 .07%) and 16 other individuals. According to the business plan of the NCE, the NCE…
APR112023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 11, 2023
—
A. Relevant Facts and History The Petitioner filed his U petition 1 in 2017 with a Supplement B signed and certified in June 2016 by the District Attorney for County, Pennsylvania (certifying official). The certifying official indicated the event forming the basis for the U petition occurred in July 2015, but did not check any of the boxes pertaining to qua…
APR112023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 11, 2023
—
The Petitioner is a business data engineer who intends to continue working in this field in the United States. Because he has not indicated or established that he has won a major, internationally recognized award, the Petitioner must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Director denied the petitio…
APR102023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 10, 2023
—
The Applicant, a citizen of Mexico, was granted U nonimmigrant status from August 2013 until August 2017. He filed the instant U adjustment application in September 2016. In May 2022, the Director denied the Applicant's U adjustment application, in part, because he did not submit a legible photocopy of all pages of his passport valid from June 9, 2017, to J…
APR102023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 10, 2023
—
In our appellate decision, we determined that the Petitioner did not establish that he was a member of the professions with an advanced degree. We concurred with the Director that the Petitioner provided evidence that he holds the foreign equivalent of a U.S. bachelor's degree in administration earned in 2005 in Brazil. We also concurred with the Director t…
APR102023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 10, 2023
—
The Petitioner is a photographer 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 an official academic record showing that they had earned…
APR102023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 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. Initially in the Form I-140 the Petitioner stated tha…
APR102023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 10, 2023
—
A. Individual of Exceptional Ability The Director found that the Petitioner satisfied only two criteria at 8 C.F.R. § 204.5(k)(3)(ii)(B) and (C) out of the required three to demonstrate eligibility for an individual of exceptional ability. On appeal, the Petitioner contends that he meets the remaining criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A), (D), (E), and…