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SEP262024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 26, 2024
—
The
Director determined that the Petitioner was not eligible for the EB-2 classification as an individual of exceptional ability. The Petitioner's initial filing reflected his company will provide consulting services for bars, restaurants, and events, which he proposed would generate jobs in the United States, improve working conditions, and spur investment…
SEP252024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
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The
Petitioner filed this petition on July 25, 2023. At the time of filing, the Petitioner was an associate professor at and an engineering director for a company inl IEgypt where he supervised and conducted consultation jobs in the following areas: firefighting, HV AC, piping stress analysis, finite element analysis, vibration analysis and fault diagnosis,…
SEP252024_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
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The Petitioner seeks to employ the Beneficiary in the position of "application analyst." On the labor condition application (LCA) submitted in support ofthe petition, the Petitioner classified the proffered position to be in the occupational classification of "Computer Systems Analysts" with Standard Occupational Classification (SOC) code 15-1211. The Petit…
SEP252024_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
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The Director determined the Petitioner did not claim the Beneficiary's nomination for, or receipt of, significant national or international awards or prizes under 8 C.F.R. § 214.2(o)(3)(iv)(A). In addition, the Director concluded the Petitioner established the Beneficiary's eligibility for only one criterion, significant recognition under 8 C.F.R. § 214.2(o…
SEP252024_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
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The Applicant filed his Form N-600 in December 2023 when he was 26 years old with evidence of his father's naturalization in 2012 when the Applicant was 15 years old and his parent's marriage at the time of his birth. On the Form N-600, the Applicant indicated that his parents remained married. The Applicant submitted a mortgage statement addressed to both…
SEP252024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
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The Petitioner has been an actor for more than two decades and has appeared in multiple feature films and television series.
A. Evidentiary Criteria
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…
SEP252024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
—
The Petitioner initially filed his petition as a member of the professions holding an advanced degree. The Director concluded that the Petitioner was not eligible as the record did not establish that the Petitioner has a bachelor's degree and at least five years of progressive experience. See 8 C.F.R. § 204.5(k)(3)(i)(B). On appeal, the Petitioner does not…
SEP252024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
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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. The Petitioner's proposed endeavor, as described in a st…
SEP252024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
—
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…
SEP252024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
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The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The Petitioner intends to work as an entrepreneur/business consultant in the field of legal consulting. Accordingly, the remaining issue to be determined on appeal is whether the Petitioner has established that a waiver of the requirement of a job…
SEP252024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
—
The Director found that the Petitioner qualifies for the EB-2 classification as an advanced degree professional based on his title of specialist in ophthalmology degree from Brazil. The issues on appeal are whether the Petitioner has met the three prongs of the Dhanasar framework to establish he merits a discretionary waiver of the job offer requirement in…
SEP252024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 25, 2024
—
The Director determined that the Petitioner qualifies for the underlying EB-2 immigrant classification as an advanced degree professional. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. The Director concluded, without discussion, that the Petitioner's prospect…
SEP242024_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
—
The Applicant, a native and citizen of Mexico , was granted U-1 status from November 2017 until November 2021 , and timely filed the instant U adjustment application in January 2021. Among other documentation, the Applicant submitted a Form 1-693, Report of Medical Examination and Vaccination Record (medical report) in response to the first Request for Evid…
SEP242024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
—
The Petitioner stated that the Beneficiary "established and led to success several businesses" in Ukraine, including a ride-sharing service, "luxury retail entities," and a "provider of enterprise software that modernized the operations ofEastern European taxi-services." The Beneficiary entered the United States in April 2015 as a B-1/B-2 nonimmigrant visit…
SEP242024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
—
As a preliminary matter, we emphasize that the appeal before us relates to the Director's April 2024 dismissal of the Petitioner's combined motions to reopen and reconsider, not the July 2023 denial. 3 Therefore, the question before us is whether the Director erred in dismissing the motions. Although the July 2023 denial is not the basis ofthe appeal, we wi…
SEP242024_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
—
Our prior decision states that an L-lA beneficiary must have primarily worked abroad in a managerial or executive capacity, as opposed to having performed primarily operational duties. See section 10l(a)(44)(A), (B) of the Act (defining the terms "managerial capacity" and "executive capacity"); 8 C.F.R. § 214.2(1)(3)(v)(B) (requiring a beneficiary of a new…
SEP242024_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
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The Director denied the orphan petition, finding the evidence insufficient to demonstrate that the Beneficiary met the orphan definition. The Director indicated that certain documentation provided 2
could not be clearly attributed to an official source. Certain documents, including letters from the Ministry of Woman Affairs and Social Development (the Mini…
SEP242024_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
—
The record reflects that the Applicant was approved for U-3 nonimmigrant status from December, 2017 until December 2021. In November 2021, he filed the instant U adjustment application. The Director acknowledged the positive and mitigating equities present in the Applicant's case, including his lengthy residence in the United States since infancy; his famil…
SEP242024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
—
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…
SEP242024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
—
The Petitioner proposes to work as "a chief executive of a venture capital and startup acceleration company" in California. The Director concluded that the Petitioner qualified as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined on appeal is whether the Petitioner has established that a waiver of the…
SEP242024_08B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 24, 2024
—
The Director determined that the Petitioner established his eligibility for the underlying EB-2 classification as a member of the professions holding an advanced degree. However, the Director found that the Petitioner did not establish his eligibility under the second and third prongs of the Dhanasar analytical framework, and therefore found him ineligible…
SEP232024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 23, 2024
—
The Petitioner seeks to open a management consulting, advisory, and training office in the __ I I region of Florida. The Petitioner provided a cover letter, business plan, educational records, letters of support, and other documentation to support her petition. The business plan forecasts revenue of $363,264 in year one, rising to $709,632 in year five. The…
SEP232024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 23, 2024
—
In our prior decision which we hereby incorporate by reference, we concluded that the Director correctly found that while the Applicant had established extreme hardship under section 204(1) of the Act, he did not warrant a favorable exercise of discretion.1 In our decision dismissing his appeal, we acknowledged the favorable factors in the Applicant's case,…
SEP232024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 23, 2024
—
In our prior decision which we hereby incorporate by reference, we concluded that the Director correctly found that the Applicant did not establish that his spouse would experience extreme hardship if he relocated to Peru. On motion to reconsider, the Applicant contests the correctness of our prior decision. In support of the motion, the Applicant does not…
SEP232024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 23, 2024
—
The Petitioner's proposed endeavor is to open and manage an environmental consultancy firm which will "improve current occupational health and safety systems in the operations and business environments of small, medium, and large companies in the US."2 He explains that through his business, which will be based in I I Massachusetts, 3 he will provide consult…